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Articles Category : Excise
Professional Opportunities - Excise on Jewellery World
Posted Date : 31-Mar-2016 , 07:19:12 pm | Posted By Darshan Jain

The scheme of levy and collection of Central Excise duty on articles of Jewellery is as under:   (a) The levy and collection of Central Excise Duty is on the manufacture of Jewellery (excluding silver Jewellery, not studded with diamonds, ruby, emerald or sapphire).   (b) It is applica...

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Category : Excise | Comments : 1 | Hits : 1744

Clarifications on Excise imposed on Jewellery
Posted Date : 09-Mar-2016 , 12:24:38 pm | Posted By Darshan Jain

Clarifications on Excise imposed on Jewellery  The strike by bullion traders and jewellers continued for the 8th day to protest the Budget proposal to impose one per cent excise duty(without input tax credit) on Jewellery, despite the Centre's assurance that it would look into the issue. ...

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Category : Excise | Comments : 0 | Hits : 991

No bar on admissibility of Cenvat credit either as Inputs or Capital goods at any stage of proceedings
Posted Date : 18-Feb-2016 , 06:35:02 pm | Posted By CA Bimal Jain

Dear Professional Colleague, No bar on admissibility of Cenvat credit either as Inputs or Capital goods at any stage of proceedings We are sharing with you an important judgment of the Hon’ble CESTAT, Kolkata in the case of Tata Steel Ltd. Vs. Commissioner of Central Excise, Jamshedpur [...

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Category : Excise | Comments : 0 | Hits : 671

Cenvat credit admissible on services of sales commission agent
Posted Date : 13-Feb-2016 , 04:07:18 pm | Posted By CA Bimal Jain

Cenvat credit admissible on services of sales commission agent Background: Even though the definition of ‘input services’ given under Rule 2(l) of the Cenvat Credit Rules, 2004 (“the Credit Rules”) covers the services of sales promotion in its inclusive part, eligibil...

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Category : Excise | Comments : 0 | Hits : 545

Cenvat credit on input services availed prior to initiation of manufacturing activity is admissible
Posted Date : 16-Dec-2015 , 09:36:51 pm | Posted By CA Bimal Jain

Cenvat credit on input services availed prior to initiation of manufacturing activity is admissible Shree Cement Ltd. Vs. Commissioner of Central Excise, Jaipur [2015 (63) taxmann.com 151 (New Delhi - CESTAT)] Facts: The Department denied the Cenvat credit...

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Category : Excise | Comments : 0 | Hits : 481

Interest expenditure, depreciation and profit margin not be taken into consideration for arriving at the cost of production
Posted Date : 30-Nov-2015 , 09:50:54 am | Posted By CA Bimal Jain

Interest expenditure, depreciation and profit margin not be taken into consideration for arriving at the cost of production C.C.E., Vadodara-I Vs. Nirma Ltd. & Ors. [2015 (11) TMI 605 - SUPREME COURT] Nirma Ltd. & Ors. (“the Respondent”) was engaged in the manufacture of Li...

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Category : Excise | Comments : 0 | Hits : 249

Refund claim is allowed even if the claim is not filed on letter head
Posted Date : 29-Nov-2015 , 09:30:17 am | Posted By CA Bimal Jain

Refund claim is allowed even if the claim is not filed on letter head and further, the question of foreign exchange realization does not arise in case of export of goods as free replacement of defective goods Commissioner of Central Excise, Raipur Vs. Simplex Engineering & Foundary Works P. Ltd...

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Category : Excise | Comments : 0 | Hits : 277

Cenvat credit towards exempted goods (Man Structural Pvt. Ltd. Vs. C.C.E. & S.T. Jaipur-I )
Posted Date : 28-Nov-2015 , 08:12:33 am | Posted By CA Bimal Jain

When Cenvat credit towards exempted goods has been reversed after audit objection but before issuance of SCN, penalty under Section 11AC of the Excise Act read with Rule 15 of the Credit Rules is not imposable Man Structural Pvt. Ltd. Vs. C.C.E. & S.T. Jaipur-I [2015 (11) TMI 664 - CESTAT NEW...

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Category : Excise | Comments : 0 | Hits : 250

Principal manufacturer eligible to take credit of duty so paid by job-worker
Posted Date : 13-Nov-2015 , 04:21:32 pm | Posted By CA Bimal Jain

Principal manufacturer eligible to take credit of duty so paid by job-worker Commissioner of Central Excise, Chennai-III Commissionerate Vs. Sundaram Auto Components Ltd. [2015 (62) taxmann.com 242 (Madras)] The Department has denied credit of duty paid by job-worker to Sundaram Auto Component...

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Category : Excise | Comments : 0 | Hits : 397

Excise duty Rebate admissible on both inputs and final products
Posted Date : 14-Oct-2015 , 04:07:44 pm | Posted By CA Bimal Jain

Excise duty Rebate admissible on both inputs and final products We are sharing with you an important judgment of the Hon’ble Supreme Court in the case of Spentex Industries Ltd. Vs. Commissioner of Central Excise [2015 (10) TMI 774 - SUPREME COURT] on following issue: Issue: Wheth...

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Category : Excise | Comments : 0 | Hits : 369

No denial of refund on non-realisation of export proceeds
Posted Date : 30-Jul-2015 , 02:48:31 pm | Posted By CA Bimal Jain

Dear Professional Colleague, No denial of refund on non-realisation of export proceeds We are sharing with you an important judgement of the Hon’ble CESTAT, Delhi in the case of P&P Overseas Vs. Commissioner of Central Excise, Delhi-III [(2015) 59 taxmann.com 226 (New Delhi - CESTAT...

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Category : Excise | Comments : 0 | Hits : 292

Guidelines for detailed scrutiny of Excise Returns issued by CBEC
Posted Date : 23-Jul-2015 , 06:11:30 pm | Posted By CA Bimal Jain

Dear Professional Colleague, Guidelines for detailed scrutiny of Excise Returns issued by CBEC Background: The Central Board of Excise and Customs (“CBEC” or “the Board”) vide Circular No. 185/4/2015-ST dated June 30, 2015 had laid down the procedure for carrying out detai...

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Category : Excise | Comments : 0 | Hits : 936

Credit is admissible even if Inputs are discarded during manufacturing process
Posted Date : 13-Jul-2015 , 07:03:12 pm | Posted By CA Bimal Jain

Dear Professional Colleague, Credit is admissible even if Inputs are discarded during manufacturing process We are sharing with you an important judgement of the Hon’ble Apex Court in the case of Union of India Vs. Asahi India Safety Glass Ltd [(2015) 58 taxmann.com 237 (SC)]  on the f...

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Category : Excise | Comments : 0 | Hits : 321

CBEC specifies conditions and safeguards for issuing digitally signed invoices and maintaining e-records
Posted Date : 07-Jul-2015 , 01:36:47 pm | Posted By CA Bimal Jain

Dear Professional Colleague, CBEC specifies conditions and safeguards for issuing digitally signed invoices and maintaining e-records Background: The Service Tax Rules, 1994 (“the Service Tax Rules”) were amended vide Notification No. 5/2015 – ST dated March 1, 2015 to insert Ne...

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Category : Excise | Comments : 0 | Hits : 206

Export benefits cannot be denied even when export proceeds are not realized
Posted Date : 03-Jul-2015 , 06:50:48 pm | Posted By CA Bimal Jain

Dear Professional Colleague, Export benefits cannot be denied even when export proceeds are not realized We are sharing with you an important judgement of the Hon’ble CESTAT, New Delhi in the case of Commissioner of Central Excise, Delhi-III Vs. Shyam Telecom Ltd. [(2015) 58 taxmann.com 117 ...

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Category : Excise | Comments : 0 | Hits : 350

SC upholds plea of revenue neutrality in case of captive consumption to set aside invocation of extended period
Posted Date : 13-Jun-2015 , 12:03:32 pm | Posted By CA Bimal Jain

Dear Professional Colleague, SC upholds plea of revenue neutrality in case of captive consumption to set aside invocation of extended period We are sharing with you an important judgment of the Hon’ble Supreme Court, in the case of Nirlon Ltd. Vs. Commissioner of Central Excise, Mumbai [(201...

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Category : Excise | Comments : 0 | Hits : 232

Refund of excess Excise duty permissible on reduction in contract price after clearance of goods from factory
Posted Date : 25-May-2015 , 07:05:48 pm | Posted By CA Bimal Jain

Dear Professional Colleague, Refund of excess Excise duty permissible on reduction in contract price after clearance of goods from factory We are sharing with you an important judgment of the Hon’ble Supreme Court, in the case of HPL Socomac Ltd. Vs. Commissioner of Central Excise, Gurgaon [...

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Category : Excise | Comments : 0 | Hits : 248

Credit of Education Cess & SHEC can be used for payment of Excise Duty by Manufacturers
Posted Date : 01-May-2015 , 07:49:06 pm | Posted By CA Bimal Jain

Dear Professional Colleague, Credit of Education Cess & SHEC can be used for payment of Excise Duty by Manufacturers The Lok Sabha passed the Finance Bill, 2015 which includes various tax proposals presented in the Union Budget, 2015, by a voice vote on Thursday, April 30, 2015. The Hon’...

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Category : Excise | Comments : 0 | Hits : 399

Interest on delayed refund is permissible from expiry of 3 months’ from the date of filing of Refund application and not from the date of Refund Order
Posted Date : 21-Feb-2015 , 12:33:47 pm | Posted By CA Bimal Jain

Dear Professional Colleague, Interest on delayed refund is permissible from expiry of 3 months’ from the date of filing of Refund application and not from the date of Refund Order We are sharing with you an important judgment of Hon’ble CESTAT, Ahmedabad, in the case of Tata Chemicals ...

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Category : Excise | Comments : 0 | Hits : 273

Cenvat credit cannot be denied by holding that the activity is not 'manufacture', when the Department had accepted the Excise duty liability on final products
Posted Date : 29-Jan-2015 , 02:41:14 pm | Posted By CA Bimal Jain

Dear Professional Colleague, Cenvat credit cannot be denied by holding that the activity is not 'manufacture', when the Department had accepted the Excise duty liability on final products We are sharing with you an important judgment of Hon’ble CESTAT, Mumbai, in the case of Foam Techniques ...

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Category : Excise | Comments : 0 | Hits : 178

No appeal would lie before the Hon’ble Supreme Court on factual findings of the Tribunal
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 | Comments : 0 | Hits : 192

“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”
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 | Comments : 0 | Hits : 279

Board’s Circulars have prospective effect only and not retrospective effect
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 | Comments : 0 | Hits : 199

Where all the factual facts are available on the records, the Tribunal couldn’t remand back the case
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 | Comments : 0 | Hits : 217

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 | Comments : 0 | Hits : 403

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
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 | Comments : 0 | Hits : 282

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 | Comments : 0 | Hits : 2817

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 | Comments : 0 | Hits : 2822

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 | Comments : 0 | Hits : 235

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 | Comments : 0 | Hits : 278

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