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Showing 101 to 120 of 51518 Records

Central Excise - Case Laws

 

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2014 (7) TMI 482 - CESTAT NEW DELHI

M/s. Hero Motors Ltd. Versus CCE.  Gaziabad

Interest on delayed refund - refund of cenvat credit under Rule 5 of CCR - when appellant themselves have given up their claim on interest for the period for delay, whether they cannot raise this issue at the appellate stage - Held that - The refund ......


2014 (7) TMI 481 - CESTAT MUMBAI

COMMISSIONER OF CENTRAL EXCISE, MUMBAI Versus CROMPTON GREAVES LTD

Condonation of delay - Incomplete application - Held that - The only reason given is that the papers were sent to lower formations for obtaining comments and due to Annual General Transfer (AGT), the papers got delayed. No details are given when the ......


2014 (7) TMI 480 - CESTAT MUMBAI

CCE, PUNE-I Versus M/s KISHOR PUMPS LTD

Provisional assessment - Commissioner set aside the order of provisional assessment on the ground that Rule 7 of the Central Excise Rule, 2002 does not provide for order of provisional assessment by the department and the said Rule deals with only th ......


2014 (7) TMI 479 - CESTAT NEW DELHI

M/s TIRUPATI TUBES Versus COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, GHAZIABAD

CENVAT Credit - reversal of credit towards exempted goods - demand of an amount @5%/10% of the sales value - common input services - Interest u/s 11AB - Penalty u/s 11AC - Held that - The view of the department and the impugned order base ......


2014 (7) TMI 478 - CESTAT NEW DELHI

Ms MAMTA GARG AND OTHERS Versus COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE, NOIDA

Cenvat Credit - Issuance of bogus invoices - penalty on co-noticee - appellant being co-noticee was granted full immunity by the Settlement Commission - Penalty under Rule 26 of Central Excise Rules, 2001/2002 and Rule 13/15 of Cenvat Credit Rules, 2 ......


2014 (7) TMI 442 - CESTAT KOLKATA

M/s. Bhalotia Auto Products Ltd. and others Versus Commissioner of Central Excise & Service Tax, Jamshedpur

Waiver of pre deposit of duty - body building on the chassis cleared on payment of duty - inclusion of amount of duty paid on chassis in the value of body - inclusion of amount of freight and insurance charges - Held that - body builder is taking cre ......


2014 (7) TMI 441 - CESTAT NEW DELHI

COMMISSIONER OF CENTRAL EXCISE, RAIPUR Versus CHHATTISGARH ELECTRICITY CO LTD

CENVAT Credit - assessee not maintained separate accounts in respect of inputs for the generation of electricity consumption of electricity in factory as well as sold outside - Option given under Section 73 of the Finance Act, 2010 for proportionate ......


2014 (7) TMI 440 - CESTAT NEW DELHI

M/s. Premier Procelain Pvt. Ltd. Versus CCE, Jaipur-I

Availment of CENVAT Credit - Original copy of documents not available - Additional Commissioner dropped demand as barred by limitation - Commissioner invoked extended period of limitation - Willful misstatement of facts - proviso to Section 11A (1) h ......


2014 (7) TMI 439 - CESTAT CHENNAI

M/s MAHANADI COALFIELDS LTD Versus COMMISSIONER OF CENTRAL EXCISE

Denial of Refund claim - due date of filing of claim in case of buyer of goods - Classification of goods held in favour of assessee by Supreme Court 1995 (3) TMI 89 - SUPREME COURT OF INDIA - Revenue denied refund claim of duty paid as barred by limi ......


2014 (7) TMI 438 - CESTAT KOLKATA

M/s SAIL. (RSP) Versus Collector of Central Excise, Bhubaneswar

Duty demand - difference in the production figures as reflected by the Appellant in their Annual Financial Accounts (Annual Statistics) for the year, 1987-88 and the figures of production shown in their monthly RT-12 Returns - Clandestine removal of ......


2014 (7) TMI 437 - CESTAT BANGALORE

Universal Power Transformer Pvt. Ltd. Versus Commissioner of Central Excise Bangalore-II

Maintainability of appeal before commissioner (appeals) - effective date of delivery or order - Order sent through speed post - whether delivery of the order or dispatch by speed post can be considered as in accordance with provisions of Section 37C ......


2014 (7) TMI 436 - CESTAT BANGALORE

M/s ALLOY TECH Versus Commissioner of Central Excise (Appeals-I)

Denial of CENVAT Credit - Availment of credit on the strength of commercial invoice issued by a dealer not registered with Central Excise - Penalty u/s 11AC - Held that - Commissioner (Appeals) has taken a view that the dealer did not register himsel ......


2014 (7) TMI 435 - CESTAT BANGALORE

Hindustan Coca Cola Beverages Pvt. Ltd. Versus Commissioner of Customs & Central Excise

CENVAT credit - removal as such - removal of glass bottles and crates - recovery of credit not reversed - scope of recovery after insertion of Explanation to Rule 3(5) erstwhile rule 3(4) w.e.f. 1.3.2003 - whether without the explanation, recovery pr ......


2014 (7) TMI 434 - CESTAT BANGALORE

Commissioner of Central Excise, Customs and Service Tax, BELGAUM Versus M/s MUKUND LTD.

CENVAT Credit - Credit on oxygen - oxygen was used in three factories but credit availed in one factory only - credits on other inputs are taken separately - Held that - Appellants themselves have treated the three factories as different; they have t ......


2014 (7) TMI 433 - CESTAT BANGALORE

Commissioner of Central Excise, Customs and Service Tax, HYDERABAD-I Versus M/s Matrix Laboratories Ltd (Unit-7)

Availment of CENVAT Credit - Conversion of DTA Unit into 100% EOU - prior to 6.9.2004, 100% E.O.U. was not eligible for Cenvat credit at all. With effect from 6.9.2004, provisions were made for providing benefit of Cenvat credit to 100% E ......


2014 (7) TMI 402 - CESTAT NEW DELHI

M/s Kuber Tobacco Products Pvt. Ltd. and Shri RP. Sharma, Manager Versus CCE, Delhi  I

Imposition of penalty - benefit of reduced penalty upto 25% - Held that - demand of duty of ₹ 14,00,100/- as not contested. Joint Commissioner, while adjudicating the show cause notice has, in clear terms, extended the option to pay the en ......


2014 (7) TMI 401 - CESTAT MUMBAI

COMMISSIONER OF CENTRAL EXCISE & CUSTOMS NASHIK Versus RAYMOND LTD

Refund - unjust enrichment - payment of duty initially on captive consumption of intermediate product which were exempt from duty - Held that - refund is claimed consequent to availment of benefit under Notification 67/95. The said Notification provi ......


2014 (7) TMI 400 - CESTAT MUMBAI

COMMISSIONER OF CENTRAL EXCISE, PUNE II Versus MUTHA FOUNDERS PVT LTD

Refund claim - Power of commissioner - Reduction in refund claim - Held that - It is an admitted fact that against the order dated 25.10.2005 of the learned Commissioner (Appeals), no stay has been obtained by the Revenue from this Tribunal. In the m ......


2014 (7) TMI 399 - CESTAT CHENNAI

M/s SERVALL ENGINEERING WORKS (P) LTD Versus COMMISSIONER OF CENTRAL EXCISE

Demand of interest and penalty - availment of ineligible Cenvat credit - Held that - Appellant utilised the ineligible credit and, therefore, they are liable to pay the interest under Section 11AB of the Act, 1944 read with Cenvat Credit Rules, 2002. ......


2014 (7) TMI 398 - CESTAT CHENNAI

Commissioner of Central Excise, Chennai-I Versus M/s. Asia Gas Agencies

Mandatory penalty - benefit of SSI exemption - Penalty u/s 11AC - Held that - there is a decision of the Tribunal in the case of Commissioner of Central Excise, Vishakhapatnam-I Vs M/s. Andhra Pradesh Industrial Gases Ltd. reported in 2006 (11) TMI 6 ......


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