No appeal would lie before the Hon
Posted Date : 10-Jan-2015 , 04:21:09 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, No appeal would lie before the Hon’ble Supreme Court on factual findings of the Tribunal We are sharing with you an important judgment of Hon’ble Supreme Court, in the case of Commissioner of Central Excise Vs. Koya & Company Construction (Pvt.) Ltd. [(...
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Category : Excise |
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Posted Date : 27-Dec-2014 , 01:33:46 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, The provision of valuation under Section 4A of the Central Excise Act, 1944 would not be applicable on the goods, not intended for retail sale. We are sharing with you an important judgment of the Hon’ble CESTAT, Mumbai, in the case of Wyeth Ltd. Vs. CCE, Nasik [...
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Category : Excise |
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Board
Posted Date : 26-Dec-2014 , 02:52:52 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Board’s Circulars have prospective effect only and not retrospective effect We are sharing with you an important judgment of the Central Government in the case of Uttam Galva Steels Pvt. Ltd. Vs. CCE Raigad [2014 (12) TMI 619–Government of India] on followi...
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Category : Excise |
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Where all the factual facts are available on the records, the Tribunal couldn
Posted Date : 20-Dec-2014 , 02:17:54 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Where all the factual facts are available on the records, the Tribunal couldn’t remand back the case We are sharing with you an important judgment of the Hon’ble High Court, Bombay, in the case of L'Oreal India (Pvt.) Ltd. Vs. Union of India [(2014) 51 taxm...
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Category : Excise |
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Principal Manufacturer is entitled to avail Cenvat credit of duty paid by job worker on intermediate goods, who choose to pay duty instead of availing exemption
Posted Date : 10-Dec-2014 , 02:42:48 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Principal Manufacturer is entitled to avail Cenvat credit of duty paid by job worker on intermediate goods, who choose to pay duty instead of availing exemption We are sharing with you an important judgement of the Hon’ble CESTAT, Ahmedabad, in the case of Therma...
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Category : Excise |
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Any Stay Order passed by the Tribunal, if is in force beyond August 7, 2014, shall continue till disposal of appeals
Posted Date : 06-Dec-2014 , 05:19:17 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Any Stay Order passed by the Tribunal, if is in force beyond August 7, 2014, shall continue till disposal of appeals – No need for filing application for extension We are sharing with you an important judgement of the Hon’ble CESTAT, Ahmedabad, in the case ...
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Category : Excise |
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0 | Hits : 366 |
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Tribunal has no inherent power to put a condition for depositing an amount for adjudicating the case afresh
Posted Date : 05-Dec-2014 , 01:57:49 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Tribunal has no inherent power to put a condition for depositing an amount for adjudicating the case afresh We are sharing with you an important judgement of the Hon’ble High Court, Andhra Pradesh, in the case of Maa Mahamaya Industries Ltd. Vs. Commissioner of C...
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Category : Excise |
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Assessee is eligible for remission of duty in respect of goods cleared for export under bond but which were destroyed at port before same could be exported
Posted Date : 27-Nov-2014 , 02:19:18 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Assessee is eligible for remission of duty in respect of goods cleared for export under bond but which were destroyed at port before same could be exported We are sharing with you an important judgement of the Hon’ble CESTAT, Ahmedabad in the case of Honest Bio-V...
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Category : Excise |
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Cenvat credit of transferred unit cannot be denied when all assets and liabilities are transferred to Assessee
Posted Date : 21-Nov-2014 , 03:10:07 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Cenvat credit of transferred unit cannot be denied when all assets and liabilities are transferred to Assessee We are sharing with you an important judgement of the Hon’ble Mumbai CESTAT, in the case of Jai Corporation Ltd. Vs. CCE Vapi [2014 (11) TMI 29 - CESTA...
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Category : Excise |
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Interest allowable on refund of pre-deposits
Posted Date : 10-Oct-2014 , 06:52:09 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Interest allowable on refund of pre-deposits We are sharing with you an important judgment of Hon’ble Delhi High Court in the case of Afcons Infrastructure Ltd. Vs. Union of India [(2014) 49 taxmann.com 79 (Delhi)] on the following issue: Issue: Whether communi...
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Category : Excise |
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CBEC seeks adherence to judicial discipline in the matter of refunds
Posted Date : 02-Jul-2014 , 12:40:46 pm | Posted By
CA Bimal Jain
CBEC seeks adherence to judicial discipline in the matter of refunds The Central Board of Excise & Customs (“the CBEC”) has issued Instruction F. No. 201/01/2014-CX.6 dated June 26, 2014 (“the Instruction”) for all the Commissioners to follow judicial discipline in the m...
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Category : Excise |
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Waiver of interest by assessee does not detract Revenue
Posted Date : 27-Jun-2014 , 06:23:05 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Waiver of interest by assessee does not detract Revenue’s statutory obligation to grant interest on belated refund We are sharing with you an important judgement of the Hon’ble High Court of Allahabad, in the case of Shree Balaji Aromatics (P.) Ltd. Vs. Uni...
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Category : Excise |
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0 | Hits : 412 |
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Test of unjust enrichment not satisfied where refund amount is shown as
Posted Date : 22-May-2014 , 07:10:54 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Test of unjust enrichment not satisfied where refund amount is shown as ‘expenditure’ and not as ‘claims receivable’ We are sharing with you an important judgment of the Hon’ble Mumbai CESTAT in the case of Hindustan Petroleum Corporation ...
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Category : Excise |
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Importers issuing Cenvatable invoices require registration under Central Excise & consequential amendments
Posted Date : 04-Mar-2014 , 07:26:12 pm | Posted By
CA Bimal Jain
Dear Professional Colleague,
Importers issuing Cenvatable invoices require registration under Central Excise & consequential amendments
Background:
Rule 9 of the Central Excise Rules, 2002 (“the Excise Rules”) provides the list of persons who are req...
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Category : Excise |
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0 | Hits : 446 |
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Clarification on Valuation of goods sold at a price below the cost of production
Posted Date : 16-Jan-2014 , 07:10:58 pm | Posted By
CA Bimal Jain
Dear Professional Colleague,
Clarification on Valuation of goods sold at a price below the cost of production
The Hon’ble Supreme Court has held on following issue in the case of Fiat India (P) Ltd. & Anr. (AIT-2012-354-SC):
Issue:
Whether the price dec...
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Category : Excise |
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E-payment must for excise, service tax of Rs 1 lakh
Posted Date : 31-Dec-2013 , 04:21:43 pm | Posted By
Dulichand Kushwaha
Assessees paying excise duty and service tax of Rs 1 lakh will have to mandatorily pay the levies electronically with effect from January.
The earlier ceiling for mandatory e-filing was Rs 10 lakh.
"From January 1, 2014, a manufacturer or a Service Tax payer who has pa...
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Category : Excise |
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0 | Hits : 496 |
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A BIRD'S EYE VIEW ON CHANGES MADE IN CENTRAL EXCISE LAWS BY FINANCE BILL 2013
Posted Date : 03-Mar-2013 , 05:17:49 pm | Posted By
Vinay Sharma
PART A : CHANGES IN DUTY STRUCTURE
[w.e.f. 1-3-2013]
Tariff Heading
Product
Old Rate
...
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Category : Excise |
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PROCEDURE FOR E-PAYMENT OF EXCISE DUTY & SERVICE TAX
Posted Date : 27-Dec-2012 , 04:32:42 pm | Posted By
Vinay Sharma
PROCEDURE FOR E-PAYMENT
1. To pay Excise Duty and Service Tax online, the Assessee has to enter the 15 digit Assessee Code allotted by the jurisdictional Commissionerate.
2. There will be an online check on the validity of the Assesse...
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Category : Excise |
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0 | Hits : 865 |
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NEW SERVICE TAX NUMBER
Posted Date : 14-Sep-2012 , 12:34:25 am | Posted By
SUMIT GERA
HOW TO APPLY NEW SERVICE TAX NUMBER
Applying service tax number is very very very easy you just need 10 minutes for that, so if u Want to apply service tax number just follow these few simple steps-
1 Open your browser and go to wwww.aces.gov.in and select...
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Category : Excise |
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1 | Hits : 3660 |
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Exemption From Registration under Central Excise
Posted Date : 07-May-2012 , 05:23:40 pm | Posted By
VIKAS SHARMA
ØExemption from Registration:
As per Rue 9 of Central Excise Rules, every person who
1. Produces,
2. Manufactures,
3. carries on trade,
4. Holds private store-room or warehouse or
5. Otherwise uses
Excisable goods shall get reg...
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Category : Excise |
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0 | Hits : 13300 |
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