|| New User || My profile || My Book Marks || SMS Services || Annual Subscription || Lost Password ||
Stay
TMI - Tax Management India. Com
Refund claim denied - period of limitation - cause of action arose only on 15/11/06, when they paid for the second time as a result of audit objection - refund claim is withing period - Tri Rejection of Refund claim – appellant filed under protest letter on 7.1.1987. - after two days they filed six nos. classification lists - thus, the under protest letter has no effect in the eye of law - Tri An educational qualification recognized by law will not cease to be recognized by law merely because for practicing in the field to which the qualification relates, a further examination held by a body regulating that field of practice is to be taken. - HC Fulfillment of export obligation – it is not open to the customs authorities to presume that extension of the LOP would be granted by the Development Commissioner to facilitate evasion of duty. - HC Merely because the CIT is having a different view, the same would not entitle him to initiate revision proceedings u/s 263, if the view taken by the assessing officer is one of the possible views. - Tri Repayment of capital balance in cash would not attract the provisions of sec. 269T since it does not constitute loan or deposit. - Tri Penalty u/s 271E - violation of sec. 269T - the interest amount and the principal amount were paid in two different occasions - each amoount less then Rs. 20,000 - No penalty - Tri Disallowance under section 14A required finding of incurring of expenditure and where it was found that for earning exempted income no expenditure had been incurred, disallowance under section 14A could not stand. - Tri Disallowance u/s 40(a)(ia) - non deduction of TDS - If the element of income cannot be established, provisions of section 40(a)(ia) cannot be invoked - Tri Gift of immovable property - assessee's brothers and mother have gifted their 1/8th undivided share - very heavy burden lies on the department to prove that it is not the real one - Tri Addition on account of negative stock - The quantitative details as submitted duly explained that there was no negative stock in any of the month. - Tri Rate of tax on the sale of Copper Wire Bars and Copper Cathods - whether would be charged and retained @ 4% or 1% - chargeable at 1%. - HC Appeal u/s 483 – modification sought by the appellant is against the fabric of the Scheme and in the domain of modifications of the Scheme and not of modification for working of the Scheme. - non-compliance of Section 2(19AA), would not render the Scheme unworkable. - HC Since the Director of the appellant-company was actively involved in the day to day activity of the appellant-company penalty on him under Rule 26 has been correctly imposed. - Tri In absence of direct or indirect involvement of the Managing Director in the clandestine removal of the goods no personal penalty under Rule 26 is imposable on him. - Tri Cenvat Credit denied - galvanization does not amount to the manufacture - The duty paid on the G.P. Coils etc., is more than Cenvat Credit taken and needs to be adjusted against the demand of the Cenvat Credit. - Tri Extended period of limitation - in cases of intention to evade duty relevant date for computation of extended period for show cause is the date of knowledge - Tri Rejection of transaction value and enhancement of assessable value has to be on the basis of some evidences on record. - NIDB data cannot be made the basis for enhancement of value - Tri    Left Stop Right
Case Laws

 

Advanced Search options


Filter -


 
Central Excise
Showing 1 to 15 of 46875 Records

    2013 (5) TMI 590 - CESTAT NEW DELHI

    M/s Torque Pharmaceuticals Pvt. Ltd. Versus CCE, Chandigarh

    Refund claim denied - period of limitation - payment of excise duty from different accounts - Held that:- There is no dispute about the fact that the appellant discharged his Central Excise liability by using a PLA, which was primarily meant for Serv ......

    2013 (5) TMI 573 - CESTAT AHMEDABAD

    Sethi Metal Industries Versus CCE, Ahmedabad

    Denial of benefit of Notification No.17/2007-CE - related to abatement from payment of duty with respect to rolling mill - Held that:- In para-8 of Special Compound Levy Procedure, prescribed under Notification No.17/2007-CE , the refund or demand o ......

    2013 (5) TMI 572 - CESTAT AHMEDABAD

    Spectrum Packaging Versus CCE Daman

    Demand of cenvat credit/interest/penalty - physical verification of the appellant’s stock Shortage was found by the department – As per appellant shortages were due to the burning or handling losses - Held that:- In normal accounting principles the ......

    2013 (5) TMI 571 - CESTAT AHMEDABAD

    Voltamp Transformers Ltd. Versus Commissioner of Central Excise, Vadodara-II

    Imposition of penalty - willful suppression of facts - Held that:- The adjudicating authority while passing the order in original has nowhere discussed in the findings that how the elements of suppression of facts with an intention to evade duty are ......

    2013 (5) TMI 570 - CESTAT CHENNAI

    Madha Lorry Body Labour Works Versus Commissioner of Central Excise, Salem

    Rejection of Refund claim – Limitation - The grounds for refund claim are that body built on chassis supplied by the customers are classifiable under Chapter heading 87.07 of the Schedule to the Central Excise Tariff Act, 1985 and covered by SSI Noti ......

    2013 (5) TMI 569 - CESTAT NEW DELHI

    M/s Compact System Pvt. Ltd. Versus CCE, Delhi

    Demand of duty/penalty - sale of the goods from the depots at a higher price - Held that:- Matter remanded back to the original adjudicating authority for re-quantification of duty after extending the benefit of cum duty price. - addition of value of ......

    2013 (5) TMI 568 - CESTAT NEW DELHI

    SHRI KRSNA URJA PROJECTS Versus COMMISSIONER OF C. EX., MEERUT-I

    Duty exemption under Notification No. 50/2003-C.E. denied - Personal penalty on director - extented period of limitation invoked - Held that:- As decided in Indian Aluminium Co. Ltd. v. Thane Municipal Corporation (1991 (9) TMI 162 - SUPREME COURT OF ......

    2013 (5) TMI 567 - CESTAT KOLKATA

    COMMISSIONER OF C. EX. & CUS., BBSR-I Versus PENTAGON STEEL (P) LTD.

    Shortage of goods - Penalty - Personal penalty on director - show cause notice issued alleging clandestine removal of the goods in absence of reasonable explanation on the shortage of inputs and finished stocks - Held that:- Mere shortage of finished ......

    2013 (5) TMI 546 - CESTAT NEW DELHI

    M/s Hansa Tubes (P) Ltd. Versus CCE, Chandigarh

    Cenvat Credit denied - galvanization does not amount to the manufacture - Held that:- Taking note that under Cenvat Credit Rules, the inputs can be cleared as such or after being partially processed on reversal of amount equivalent to credit availed ......

    2013 (5) TMI 545 - CESTAT KOLKATA

    M/s. Forgings (India) Iron & Steel Ltd. Versus CCE-KOL-II

    Extended period of limitation - Waiver of pre-deposit of penalty - appellant states that the duty is demanded in respect of invoice issued on 05.04.2004 and the show cause notice is issued on 24.04.2009 and therefore the duty is time barred - Held th ......

    2013 (5) TMI 544 - CESTAT NEW DELHI

    M/s. Omega Construction Equipment Pvt. Ltd. and others Versus CCE, Delhi-IV

    Imposition of penalty/redemption fine - confiscation - As per revenue appellant made removal of goods without payment of duty - Held that:- The mobile cranes, in question, had been manufactured by M/s. Omega Construction, and the factories of M/s. Om ......

    2013 (5) TMI 543 - CESTAT NEW DELHI

    M/s Hindustan Machines and others Versus CCE, Delhi

    SSI Exemption – Benefit denied – Commmom brand name - clubbing of clearance - brand name of Maharaja - Notification No.175/86 - Held that:- it was not the case of the Revenue in the SCN to club the clearance of the units. - In fact the demand stands ......

    2013 (5) TMI 542 - CESTAT AHMEDABAD

    Jindal Photo Limited Versus CCE, Vapi.

    Cenvat credit denied - invoices on which the CENVAT Credit was availed were issued in the name of Head Office and not in appellant/assessees factory address - Held that:- Judgment of DNH Spinners [2009 (7) TMI 130 - CESTAT, AHMEDABAD] will cover the ......

    2013 (5) TMI 517 - CESTAT NEW DELHI

    CCE, Lucknow Versus M/s Sidhdida Tobacco Co.

    Conditions for registration u/s 6 of the Act - Manufacture of cigarettes - Rejection of the application for registration – Held that:- The requirement for obtaining Central Excise registration in Section 6 of the Central Excise Act, according to whi ......

    2013 (5) TMI 516 - CESTAT CHENNAI

    Pentafour Products Ltd. Versus Commissioner of Central Excise, Pondicherry

    Non compliance of pre deposits - 100% EOU, had not fulfilled the export obligation in entirety - Held that:- From the judgement that the Hon’ble High Court reduced the predeposit amount to a sum of Rs.40 lakhs. It is also directed by the High Court t ......

   
 
1.... ..
 
 

 

what is new what is new

Subscription UpdatesNewslettersCommunicationOther Options




Go To Top

Go to Mobile Website

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.