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Payment of commission to relatives for the services rendered by them for promoting sales. - genuineness of commission established - deduction allowed - HC Rejection of the application for registration – Manufacture of cigarettes - No condition regarding issue of licence under IRDA Act by Ministry of Commerce and Industry, before the issue of Central excise registration certificate - refusal of registration is incorrect - Tri Penalty u/s 78 - Changeability of service tax on rent income classifiable under the category of Renting of Immovable Property. - penalty imposed set aside. - Tri Construction of complex - several quarters - different buildings in the same compound. - None of the buildings had more than 12 flats in each building - Prima facie case in favor of assessee - pre deposit waived. - Tri Retreading of old tyres - Maintenance and Repair service - benefit of Notification No. 12/2003-S.T., dated 20-6-2003 - prima facie case is against the assessee - stay granted partly. - Tri Condonation of delay in filing the appeal - assessee is not a company placed with experts advising - Assessee is only an individual which must be appreciated - Delay condoned - Tri Grossing up of the expenditure with TDS amount for claiming deduction - Non reimbursable tax paid to Master Cards/Visa Cards included under the head “Operating Expenses“ - Claim allowed - Tri It is not open to the Revenue to accept a judgement in the case of an assessee and challenge its correctness in the case of any other assessee without just cause. - Tri Income u/s 2(24) - exercising of voting rights in a particular fashion - to exercise voting rights is not the business of the assessee. - The receipt was not of recurring in nature - not taxable - Tri Wrong accounting entry - inadvertent mistake, merely an accounting entry which is subsequently corrected and explained cannot fasten the assessee with tax liability by assuming it to be an income whereas in realty the amount was by way of advance/ deposit. - Tri Transfer of right to use the goods - Exigible to sales tax -assessee(s) have not produced any document/agreement to show that the assessee(s) retained possession and control over the Cinematographic equipments leased out. - Levy of tax upheld - HC Interstate sale or not - CST - passive infrastructure provider - The fact that the goods purchased by the petitioners were neither sold nor used in the manufacture of goods for re-sale does not constitute violation of the C forms. - HC Cross-objections filed before Commissioner (Appeals) against service tax demand - whether be treated as an appeal filled? - Held No - Tri Exemption under Notification No.6/2002 to the goods manufactured at site of the construction for use in the construction work at such site and the goods supplied for use by the Railways, cannot be denied. - Tri Maintainability of settlement application – Despite the assessee informing the Commissioner, that it had paid the filing fee and would file the settlement application within a week, the Commissioner proceeded to pass an order in utter haste. - HC Recovery of service tax while appeal is pending before tribunal - recovery notice published in Daily News Paper ‘Dainik Bhaskar’ dated 28-1-2012 - writ petition dismissed. - HC First appellate authority rejected the appeal for non-compliance with the pre-deposit of 25% - the appellant is directed to deposit 25% of the service tax liability confirmed by the adjudicating authority. - Tri If the goods were not intercepted, the same would have been cleared without claiming the ownership as the actual owner of the goods viz. digital cameras and wrist watches. Therefore, the goods are liable for confiscation - Tri    Left Stop Right
Central Excise

Central Excise Act, 1944

Show Chapter Wise
No. Title
Short title, extent and commencement.
 
Definitions
 
References of certain expressions
 
Duties specified in the First Schedule and the Second Schedule to the Central Excise Tariff Act, 198
 
Power of Central Government to charge excise duty on the basis of capacity of production in respect of notified goods
 
Valuation of Excisable goods for purposes of charging of duty of excise
 
Valuation of excisable goods with reference to retail sale price.
 
Remission of duty on goods found deficient in quantity.-
 
Power to grant exemption from duty of excise
 
an assessee has paid duty of excise on a final products ........................
 
Registration of certain persons.
 
Restriction on possession of excisable goods.-
 
Offences and penalties.-
 
Section 9A. Certain offences to be non-cognizable.-
 
Offences by companies.-
 
Powers of Court to publish name, place of business, etc., of persons convicted under the Act.-
 
Presumption of culpable mental state.-
 
Relevancy of statements under certain circumstances.-
 
Application of section 562 of the Code of Criminal Procedure, 1898 , and of the Probation of Offende
 
Power of Courts to order forfeiture
 
Recovery of sums due to Government
 
Recovery of duties not levied or not paid or short-levied or short-paid or erroneously refunded
 
Interest on delayed payment of duty
 
Interest on delayed payment of duty - Omitted
 
Penalty for short-levy or non-levy of duty in certain cases
 
Claim for refund of duty
 
Interest on delayed refunds
 
Power not to recover duty of excise not levied or short-levied as a result of general practice
 
Duties of excise collected from the buyer to be deposited with the Central Government
 
Interest on late payment of amount as determined under section 11D
 
Provisional attachment to protect revenue in certain cases.
 
Liability under Act to be first charge
 
Application of the provisions of Act No.52 of 1962 to Central Excise Duties.-
 
Price of goods to indicate the amount of duty paid thereon
 
Presumption that incidence of duly has been passed on to the buyer
 
Consumer Welfare Fund.-
 
Utilisation of the Fund
 
Powers of Central Excise Officers
 
Power of search and seizure
 
Power to arrest
 
Power to summon persons to give evidence and produce documents in inquiries under this Act
 
Special audit in certain cases.-
 
Special audit in cases where credit of duty availed or utilised is not within the normal limits, etc
 
Officers required to assist Central Excise Officers
 
Searches and arrests how to be made
 
Disposal of persons arrested
 
Procedure to be followed by officer-in-charge of police station.-
 
Inquiry how to be made by Central Excise Officers against arrested persons forwarded to them under s
 
Vexatious search, seizure, etc., by Central Excise Officer.-
 
Failure of Central Excise Officer in duty
 
Definitions - Advance Ruling
 
Vacancies, etc., not to invalidate proceedings
 
Application for advance ruling
 
Procedure on receipt of application
 
Applicability of advance ruling
 
Advance ruling to be void in certain circumstances.-
 
Powers of Authority
 
Procedure of Authority
 
Definitions - Settlement of Cases
 
Customs and Central Excise Settlement Commission
 
Jurisdiction and powers of Settlement Commission.-
 
Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances.-
 
Power of Chairman to transfer cases from one Bench to another
 
Decision to be by majority
 
Application for settlement of cases
 
Procedure on receipt of an application under section 32E
 
Power of Settlement Commission to order provisional attachment to protect revenue
 
Power of Settlement Commission to reopen completed proceedings.-
 
Powers and procedure of Settlement Commission
 
Inspection, etc., of reports
 
Power of Settlement Commission to grant immunity from prosecution and penalty
 
Power of Settlement Commission to send a case back to the Central Excise Officer.-
 
Order of settlement to be conclusive
 
Recovery of sums due under order of settlement
 
Bar on subsequent application for settlement in certain cases
 
Proceedings before Settlement Commission to be judicial proceedings.-
 
Certain persons who have filed appeals to the Appellate Tribunal entitled to make applications to th
 
Power of adjudication
 
Adjudication procedure
 
Option to pay fine in lieu of confiscation
 
Confiscation or penalty not to interfere with other punishments
 
Appeals to Commissioner (Appeals).-
 
Procedure in appeal
 
Appeals to the Appellate Tribunal
 
Orders of Appellate Tribunal
 
Procedure of Appellate Tribunal
 
Powers of Board or Commissioner of Central Excise to pass certain orders
 
Powers of revision of Board or Commissioner of Central Excise in certain cases
 
Revision by Central Government.-
 
Deposit, pending appeal, of duty demanded or penalty levied
 
Interest on delayed refund of amount deposited under the proviso to section 35F.
 
Appeal, to High Court.
 
Application to High Court
 
Power of High Court or Supreme Court to require statement to be amended.-
 
Case before High Court to be heard by not less than two judges
 
Decision of High Court or Supreme Court on the case stated
 
Appeal to the Supreme Court
 
Hearing before Supreme Court.-
 
Sums due to be paid notwithstanding reference, etc
 
Exclusion of time taken for copy
 
Transfer of certain pending proceedings and transitional provisions
 
Appearance by authorised representative.-
 
Appeal not to be filed in certain cases
 
Definitions - Appeals
 
Presumption as to documents in certain cases.-
 
Admissibility of microfilms, facsimile copies of documents and computer print outs as documents and
 
Power of Central Government to make rules
 
Delegation of powers
 
Instructions to Central Excise Officers
 
Service of decisions, orders, summons, etc
 
Rounding off of duty, etc
 
Publication of information respecting persons in certain cases.
 
Publication of rules and notifications and laying of rules before Parliament
 
Effect of amendments, etc., of rules, notifications or orders
 
Repeal of enactments.-
 
Protection of action taken under theAct
 
Third Schedule
 
 
 
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