Sponsored
    Follow Us:

Rohit Gupta

Latest Articles


Primary use prevails over the incidental ones in classification of goods – SC

Excise Duty : In the case of M/s. Holostick India Ltd. Vs. Commissioner of Central Excise , Hon'ble Supreme Court held that While classifying a...

July 19, 2015 2471 Views 0 comment Print


Latest Judiciary


Recovery of Arrears under Central Excises & Salt Act from legal heirs

Excise Duty : Shabina Abraham & Ors. Vs. CCEC (Supreme Court of India) The legal heirs submitted that a reading of Sections 2(f), (3), Section 4...

November 8, 2015 5844 Views 0 comment Print

Dominant/Essential characteristics prevails over general use in Tariff classification: SC

Excise Duty : In the case of Commissioner Of Central Excise, Hyderabad Vs. M/S Sarvotham Care Limited, it was held that wherein the shampoo havi...

November 8, 2015 2905 Views 0 comment Print

SAD exemption not applicable when goods sell from a place where no sales tax is chargeable – SC

Custom Duty : In the case of Commissioner of Customs vs. M/s. Seiko Brushware India , it was held by Supreme Court that benefit of exemption Not...

September 28, 2015 1072 Views 0 comment Print

CENVAT credit on inputs inherently lost in manufacturing process allowed – HC

Excise Duty : In the case of M/s. Rupa & Co. Limited Vs. The Commissioner of Central Excise, it was held that what is contained in finished prod...

September 28, 2015 2044 Views 0 comment Print

Anti-dumping duty could not be added for computing customs duty, SCD & SAD: SC

Custom Duty : In the case of M/S. Jaswal Neco Ltd. Vs. Commissioner Of Customs , it was held by Supreme Court that anti-dumping duty could not b...

September 23, 2015 2452 Views 0 comment Print


CESTAT should consider merits before deciding the matter; 'Prima facie no case' cannot be the ground to decide the matter

August 31, 2015 1264 Views 0 comment Print

The Hon’ble High Court found that the Tribunal in reaching the conclusion that the Appellant has not made out any prima facie case extensively dealt with the arguments as if it is called upon to decide the Appeal finally.

CESTAT should follow judicial precedence before deciding the matter

August 31, 2015 762 Views 0 comment Print

It has been repeatedly emphasized that judicial Tribunals and Courts of law have to follow the rule of consistency and certainty so also finality of judgments. There is a definite purpose being served because of all this and namely parties before the Court of law

Ownership of Capital goods not required for availing CENVAT credit

August 30, 2015 909 Views 0 comment Print

The assessee is engaged in manufacture of plastic articles/components and parts by using injection moulding machines. In the present matter the moulds, used to manufacture, in this case cabinets for television sets­ the finished product

Appeal for determination of any question in relation to rate of duty or to value of goods for assessment would lie before Apex Court – HC

August 30, 2015 721 Views 0 comment Print

The Hon’ble Court is of the view that the present appeal does not involve an issue regarding the rate of duty in as much as even the assessee does not dispute the rate of duty i.e. payable for the services rendered.

Issuance of Show cause notice mandatory for recovery of erroneous refund granted

August 30, 2015 6583 Views 0 comment Print

The assessee is engaged in the manufacture of automobile parts and components. The assessee cleared waste and scrap and replacement of defective products without payment of duty. The period in question pertains to September, 1998.

CENVAT credit of inputs lost during manufacturing process as floor sweepings is allowed- CESTAT

August 30, 2015 1627 Views 0 comment Print

The facts of the case are that assessee is a manufacturer of chocolates and coco products. During the course of the manufacturing final product certain floor spillage and sweeping arises which assessee is destroying.

Service tax cannot be levied on Job work that amounts to manufacture – CESTAT

August 30, 2015 3095 Views 0 comment Print

The appellants manufacture excisable goods falling under Chapter 29 of Central Excise Tariff Act, 1985. On scrutiny of the records, departmental officers noticed that during the period 10/09/2004 to 28/02/2005 appellant had received some amount towards job-work charges and processing charges.

Erroneous payment of duty on exempted goods would not render the goods dutiable

August 29, 2015 841 Views 0 comment Print

The assessee Integral Coach Factory (ICF) belonging to the Central Government is engaged in the business of manufacturing passenger coaches both self-propelled and non-propelled, steel freight containers and parts of passenger coaches for railways under Chapter 86 of CET 1985.

Interest payable if drawback not paid within one month from the date of filing a claim – HC

August 27, 2015 9949 Views 0 comment Print

In the case of M/s.Karur K.C.P.Packagings Limited vs. The Commissioner of Customs, it was held by Madras High Court that that where any drawback payable to the claimant is not paid within a period of one month from the date of filing a claim for payment

CENVAT credit eligible even if expenses are reimbursed by Parent company

August 20, 2015 3627 Views 0 comment Print

The appellant is engaged in the manufacture of motorcycle and procures the service of advertising agency for the purpose of advertising their final product. They pay the value of the services to the advertising agency along with the amount of Service Tax leviable thereon.

Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031