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CA Urvashi Porwal

Latest Judiciary


Processing of steel scrap into blended steel scrap amounts to manufacture – AAR

Excise Duty : T. T. Recycling Management India Private Limited (hereinafter also referred to as applicant) is a resident Private Limited Company...

September 1, 2016 2338 Views 0 comment Print

Mere Crushing of Coal does not amount to manufacture: AAR

Excise Duty : It is engaged in the manufacture and sale of PET Chips. The applicant now intends to start a new business whereby the applicant i...

September 1, 2016 1321 Views 0 comment Print

Activity of mere Loading software in a device does not amount to manufacture – AAR

Excise Duty : Nucleus Device is classifiable under Tariff Entry 85176290 of the First Schedule to the Central Excise Tariff Act 1985 as Machines...

September 1, 2016 1762 Views 0 comment Print

Tax Laws passed by Legislature not open to judicial review – SC

Excise Duty : The High Court has dismissed the Writ Petition by the impugned judgment and order dated 2.9.2011. Being dissatisfied with the dism...

August 31, 2016 2992 Views 0 comment Print

Activities relating to spectacles, frames & tagging of jewellery does not amount to manufacture– AAR

Excise Duty : In the instant case, the applicant has submitted that the tag is applied by them while placing the jewellery in the box to preven...

August 31, 2016 1921 Views 0 comment Print


Mentioning Correct provisions of law in SCN mandatory for invoking any charge against assessee – HC

June 26, 2015 3628 Views 0 comment Print

In the case of The Commissioner of Central Excise Vs. M/s. Super Spinning Mills Ltd., it was held that non-mentioning of Section 72 of the Customs Act, 1962 along with Section 28 of the Customs Act, 1962 would render the Show-Cause Notice outside the purview of Section 72.

Trade discount quantified subsequent to clearance is an admissible deduction from transaction value – HC

June 19, 2015 3394 Views 0 comment Print

In the case of M/s Shyam Steel Industries & Anr. Vs. Deputy Commissioner of Central Excise and Service Tax & Ors, it was held by Calcutta High Court that discount of any type made known prior to the clearance of the goods but quantified subsequently

Mere Remanding back the case by Tribunal without going into Merits not sufficient

April 30, 2015 909 Views 0 comment Print

In the case of M/s.Thirumurugan Enterprises Vs The Customs, Excise & Service Tax Appellate Tribunal, Chennai, the Hon’ble Madras High Court held that remanding back the case by Tribunal, without going into merits and asking the adjudicating authority to re-adjudicate the matter will not suffice.

Substantial benefit cannot be denied for mere procedural lapse: HC

March 19, 2015 15289 Views 0 comment Print

In the case of Commissioner Central Excise vs M/S Indian Oil Corporation Ltd, it was held by Punjab and Haryana High Court that substantive benefits provided by a notification cannot be denied on account of procedural lapses by the assessee.

No penalty for mere technical or venial breach of Law: HC

March 13, 2015 2778 Views 0 comment Print

In the case of M/s.Novel Digital Electronics Vs The Commissioner Customs (Imports), it was held by Madras High Court that penalty will ordinarily be imposed in cases where the party acts deliberately in defiance of law, or is guilty of contumacious or dishonest conduct

Prior to Year 2006 Assessee can claim credit for service tax paid even if he has not provided any output service- HC

January 15, 2015 4764 Views 0 comment Print

In the case of The Commissioner of Central Excise V/s. M/s. Essel Propack Ltd., it was held that prior to year 2006, the Explanation to Rule 2(p) of the CENVAT credit Rules would be applicable. On plain reading of the said explanation, as it is not disputed that the respondents are paying service tax

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