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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 2459 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 5823 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 2893 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 1063 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 2035 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 2425 Views 0 comment Print


Section 11A not mandatory to be invoked for recovery of wrong refund- HC

August 14, 2015 1350 Views 0 comment Print

In the case of The Commissioner Customs & Central Excise V/s M/s. Panyam Cements & Minerals Industries Ltd. it was held that invoking Section 11A is not mandatory for recovering the wrong refund granted.

Rules not within the limits of Parent Act are unsustainable and bad in law – SC

August 10, 2015 904 Views 0 comment Print

The appellant contented that such a notional fixation of the handling charges with the addition of one per cent of free on board value of the value of goods, irrespective of the nature of goods, size of the cargo

Eligibility criteria in an exemption notification required to be construed strictly- SC

July 28, 2015 660 Views 0 comment Print

The appellant entered into a Joint Venture Agreement with M/s Shapoorji Pallonji & Company Limited for the purpose of construction of roads in the State of Andhra Pradesh. The Joint Venture was awarded a contract

Value of post-import services can be added to assessable value under customs only when such service is a condition of sale – SC

July 28, 2015 645 Views 0 comment Print

An agreement was entered into between the respondent and Met Chem Canada Inc. to associate Met Chem Canada Inc. as a technical consultant to render technical services in relation to implementation of a project to set up a plant in India for production of Hot Rolled Steel Coils and Strips.

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

July 19, 2015 2459 Views 0 comment Print

In the case of M/s. Holostick India Ltd. Vs. Commissioner of Central Excise , Hon’ble Supreme Court held that While classifying a product for excise purpose Primary use of the product will prevails over the incidental ones. It further held that merely because a particular embossed hologram is self adhesive, therefore in all cases, it will attract entry 39 related to self adhesive is not correct. While classifying what is to be seen is whether the self adhesive part of the product is of primary use or the printed matter is of primary use. It cannot be that invariably in all cases, the moment a hologram is self adhesive it will fall within entry 39.

CHA license cannot be terminated for acts & omissions of his employees- HC

July 17, 2015 1373 Views 0 comment Print

In the case of M/s.A.B.Agencies Vs. Customs, Excise and Service Tax Appellate Tribunal, it was held by Kerala High Court that a CHA cannot be absolved of his lapse of supervision and misconduct of his employees attracting Clause 19 of the Regulations warranting action against him under Regulation 20.

Doctrine of Unjust Enrichment applicable on capital goods captively consumed – SC

July 12, 2015 2420 Views 0 comment Print

In attracting the principle of unjust enrichment it is not only the actual burden which is passed on to the another person that would be taken into consideration even if the incident of such duty had not been passed on by him to any other person

Cutting of jumbo rolls into smaller sizes and printing on them does not amount to manufacture

July 9, 2015 1892 Views 0 comment Print

In the case of CCE&C vs. M/s Rasmi Wax Coated Paper & Printing Industry it was held by Andhra Pradesh High Court that the subject processes viz., printing, slitting and winding Cork Tipping Paper does not amount to manufacture and no subject processes undertaken by the assessee was bringing

In case of confiscated goods assessee liable to pay duty only if he exercise option to redeem – SC

July 8, 2015 2442 Views 0 comment Print

The Hon’ble Supreme Court further states Section 124 deals with confiscation of goods and penalty and does not deal with payment of import duty. No doubt, such a payment of import duty becomes payable by virtue of sub-section (2) of Section 125 but only when condition stipulated in the said provision is fulfilled

CENVAT credit foregone is compliance of Rule 6(3) of CENVAT credit rules

July 5, 2015 4721 Views 0 comment Print

In view of the retrospective amendment introduced by Finance Act, 2010, the appellant were entitled to reverse the proportionate cenvat credit attributable to the quantum of input services used in or in relation to manufacture of exempted final product and by foregoing this credit

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