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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


Burden of proving unjust enrichment is on Revenue

January 29, 2016 3205 Views 0 comment Print

It was held that when the assessee has provided the required documents for justifying that the incidence of tax has not been passed on, it is for the department to show by adducing some material that the incidence of tax has been passed on.

Onus is on revenue to establish depression of assessable value; Matter Remanded back – SC

January 28, 2016 594 Views 0 comment Print

In the case of Commissioner of Central Excise, Pune V/s. Hindustan National Glass and Industries Limited, it was held that the onus is on the revenue to establish that there has been depression of assessable value and that being the thrust of the matter, liberty is granted to the revenue to produce the documents in this regard to discharge the onus.

Composition of mixture important for classifying fertiliser-CESTAT

January 27, 2016 3457 Views 0 comment Print

for the purpose of classification of fertilisers, it is important to see where the products consists of nitrogen phosphorous and potassium as laid down in the explanatory notes, it should be classified as fertilizers.

CENVAT credit of Outdoor catering service allowed post April-2011 – CESTAT

January 25, 2016 1929 Views 0 comment Print

In the case of Commissioner Of Central Excise, Delhi Vs M/S Bajaj Motors, it was held that the outdoor catering service provided has not been used for the personal use or consumption of the employee and the said service has been provided by the employer to its employees for preserving proper working atmosphere in the factory for enhancing the productivity.

Testing cost of returnable durable cylinders not includible in AV

January 20, 2016 859 Views 0 comment Print

In Century Spg. & Mfg. Co. Ltd. – 1997 (94) E.L.T. 16, the Supreme Court held that service and maintenance charges in respect of tonners/cylinders which are durable and returnable cannot be added to the assessable value of the chlorine manufactured by the assesses and supplied to the customers in tonners/cylinders

Export benefit cannot be denied on re-processed damaged goods

January 14, 2016 1489 Views 0 comment Print

The appellants are Export Oriented Unit (EOU). In 2003 they cleared the certain consignments of fabrics for purpose of export, which got damaged due to rain and had to be brought back to the factory.

Quantity discount deductible in determination of assessable value

January 12, 2016 3982 Views 0 comment Print

It was held that when goods are cleared to the customers at a discount, the assessable value for the purpose of assessment should be the value arrived at after giving the quantity discount and not the value at which the goods were cleared from factory to depot.

CENVAT of Inputs & Input services for producing electricity captively consumed allowed

January 7, 2016 6165 Views 0 comment Print

It was held that CENVAT credit of inputs and input services used for production of electricity captively consumed is allowed. Further no reversal of CENVAT credit is required under Rule 6 of CENVAT credit rules,2004.

No CENVAT reversal under Rule 6 on SEZ supply wef 10/09/2004

January 6, 2016 4069 Views 1 comment Print

It was held that the supplies to SEZ should be treated as exports and no reversal of CENVAT is required to be done under Rule 6 as amended with effect from 10.09.2004.

Service export prior to Export of service rules, 2005 are eligible for export rebate

January 5, 2016 2182 Views 0 comment Print

In the case of J.P. Morgan Services India Private Ltd. Vs. Commissioner of Central Excise(Service Tax), Mumbai, it was held that the benefit of export rebate cannot be denied even if the services are exported prior to the date when Export of Service Rules, 2005 are brought into the statute.

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