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TMI Updates - Newsletter dated: February 19, 2018



  1. Income Tax : Depreciation allowability - determination of WDV - AO is directed to employ the deeming provision for computing the written down value de hors the depreciation granted under the AIT Act and take 35% of the cost of the total assets as written down value, allowing the depreciation for the relevant assessment year to that extent. - HC

  2. Income Tax : Revision u/s 263 - capital gain on sale of agricultural land - the contention of the ld. CIT in the order u/s 263 of the Act that Tehsildar’s certificate should have been corroborated with other evidence cannot be accepted - Tri

  3. Income Tax : Claim of deduction u/s 80IE(2)(ii) - water supply system and irrigation system admittedly are not part of tea manufacturing processes. Therefore, the said opening valuation of said machineries should not be considered for the purpose of claiming deduction u/s 80IE of the Act - Tri

  4. Customs : Gazetted Officer of Customs can obtain Customer details of phone numbers directly from telecom service providers u/s 108 of the Customs Act, 1962 by issuing summons if they refuse.

  5. Customs : Refund claim - valuation - air freight - the freight element has to be restricted to 20% of the FOB value when the cost of transportation of the goods is ascertainable and the transportation is by air - excess duty paid allowed to be refunded - Tri

  6. DGFT : Directives for processing of application for MEIS claims under Foreign Trade Policy 2015-20 - Public Notice

  7. DGFT : Inclusion of Seaports located at Dhamra Port and Dighi Port under Para 4.37 of Hand Book of Procedures 2015-20. - reg. - Public Notice

  8. Service Tax : CENVAT credit - input services - We wonder as to why Revenue brings appeals after appeals to this Court, and gets them routinely dismissed. The volume does not impress us and merely because 21 services are in issue means nothing to us. - HC

  9. Service Tax : Refund claim - time limitation - export of services out of India - validity of SCN - The refund has not accrued to the petitioner on account of any order or judgment but on account of statutory provisions coupled with the notification where input services are used for export of services - SCN quashed - HC

  10. Service Tax : Advertising Service - non-payment of service tax - the payment of main contractor on behalf of the appellant shall be treated as payment made by the appellant. - Tri

  11. Service Tax : CENVAT credit - certain equipments procured for providing taxable output service - FACT-10 Meter RF Shielded EME chamber - they do not qualify as capital goods as per Rule 2(a) - these goods be treated as inputs in terms of rule 2(k)(ii) of Cenvat Credit Rules, 2004. - Tri

  12. Service Tax : Valuation - if a receipt is for reimbursing the expenditure incurred for the purpose, the mere act of reimbursement, per se, would not justify the contention of the Revenue that the same, having the character of the remuneration or commission, deserves to be included in the sum amount of remuneration / Commission - demand set aside - Tri

  13. Central Excise : Refund claim - trade discount - price variation clause - Variation on the transaction value on a subsequent date cannot result in re-determination of assessable value - refund cannot be allowed - Tri

  14. Central Excise : CENVAT credit - inputs/capital goods - Steels goods such as Shape & Section, angles, M.S. Plates/rounds, beams, rails etc. falling under Chapter Heading 72, 73 & 83 of CET Act, also welding electrodes used in fabrication/construction of capital goods including structural support, etc. - credit allowed - Tri



Circulars / Instructions / Orders

News - Feeds

Case Laws:

More information of case laws are visible to the Subscriber of a package i.e:-
Party Name, Court Name, Date of Decision, Full Text of Headnote, Decision etc.

  1. 2018 (2) TMI 1150

    Revision u/s 263 - capital gain on sale of agricultural land - Held that - It is evident that during the course of assessment proceedings issue about the taxability of capital gain was considered in assessment and a view was taken by the Assessing Officer as to the non taxability of such gain. Therefore, when the claim of the assessee was accepted in assessment order after due consideration of the facts, it cannot be said that the assessment orde....... + More

  2. 2018 (2) TMI 1151

    Transfer pricing adjustment - international transaction of Provision of ITES - aggregation of both the SDS and ITES and treating the assessee as an ITES provider for the purposes of choosing comparables and benchmarking - Held that - The assessee did not have any authenticated figures of revenue and costs in respect of ITES and SDS separately. Once the position is such that neither the revenue from two segments can be ascertained nor its costs, w....... + More

  3. 2018 (2) TMI 1152

    Addition of interest income - whether interest on FDs cannot be taxed in the hands of the assessee u/s.56? - Held that - The interest on fixed deposits are not taxable under income from other sources and, accordingly, we uphold the findings of the CIT(A) and dismiss the ground of appeal taken by the revenue for both the assessment years. BR BR Addition of expenses u/s.14A - Held that - There is no claim and the Assessing Officer by applying the p....... + More

  4. 2018 (2) TMI 1145

    Assessment u/s 153A - addition of bogus purchases of raw material - want of proper inquiry - Held that - CIT-(A) noticed that proper enquiries have not been conducted by the Assessing Officer, however, rather than getting the enquiries done, he simply allowed the appeal of the assessee. In view of the facts and circumstances of the instant case, being more or less similar to the facts and circumstances in the case of Jansampark advertising and ma....... + More

  5. 2018 (2) TMI 1146

    Income from undisclosed sources - cash component appearing in the Excel sheets seized from the premises of M/s AEZ group - incriminating material found in search - Held that - The addition has been upheld by the Ld. CIT(A) mainly only on the basis of (i) details recorded in Excel sheet on hard disk found during the course of search at M/s AEZ group, wherein the payment through cheque and cash been mentioned against the name of the assessee at Ser....... + More

  6. 2018 (2) TMI 1147

    TPA - comparable selection criteria - MAP selection - Held that - Where part of the same transaction both in IT segment as well as ITEs Segment margins of 15.70% and 14.68% have been accepted by the assessee and by the revenue authorities. BR BR Now for the same nature of transactions it would be very difficult to accept assessee s margin of 13% or that of the TPO who has applied higher margin. Accordingly, in wake of MAP settlement, we hold that....... + More

  7. 2018 (2) TMI 1148

    Validity of assessment u/s 153A r.w.s 153C - non recording of satisfaction by the AO of the searched person at the time of forwarding the seized materials to the AO - Held that - As no satisfaction has been recorded by the AO of the searched party, which is apparent from the finding given by the CIT(A) in his order that satisfaction is presumed and automatic when the seized papers are forwarded to the AO of the third party. In view of this we are....... + More

  8. 2018 (2) TMI 1149

    Addition u/s 68 - unexplained advances - assessee company has received share application money of ₹ 6.64 crores from Ms. Rashna Fali Press, UAE based NRI - Held that - No evidence of creditworthiness of Ms. Rachna Fall Press to grant an advance of ₹ 6.64 crores given. No balance sheet or capital account of the said person has been submitted. The said certificate only shows that based on the information available, her net worth is US D....... + More

  9. 2018 (2) TMI 1159

    Registration u/s. 12AA denied - Respondent did not have a registered trust deed - Held that - From the materials on record, it can be seen that the Tribunal had gone through the registration details of the respondent trust contained in the order of Wakf Board and was satisfied that full details of the functions of the trust were available which would establish the existence of the trust, its registration by the Gujarat State Wakf Board which also....... + More

  10. 2018 (2) TMI 1158

    Additions u/s. 14A in respect investments in subsidiary company - application of Rule of consistency - sufficiency of own funds - Held that - For the relevant Assessment Year, Assessee has not earned any tax free income, the corresponding expenditure incurred cannot be taken into consideration for dis-allowance. See Pr. CIT Vs. M/s. Rivian International (P.) Ltd. 2017 (12) TMI 811 - BOMBAY HIGH COURT - Decided against revenue........ + More

  11. 2018 (2) TMI 1157

    Depreciation allowability - tribunal restricting the depreciation allowed to the amount worked out on the written down value of the assets as against the original cost of the assets claimed by the assessee - Income from the manufacture of rubber which was earlier treated as agricultural income was made assessable to the extent of 35% of the income derived from the business - Held that - As has been held in J.K.Synthetics Ltd. Vs. C.T.O 1994 (5) T....... + More

  12. 2018 (2) TMI 1144

    Sale of software - assessee claimed sale as a capital receipt thereby resulting into short term capital loss - assessee s case was that three parties had sponsored the above software. Former two of them denied any such sponsorship and third entity namely M/s. R. R. Agency filed its confirmation of sponsorship - Held that - We notice that there is no elaborate discussion either in assessment or during lower appellate proceedings as to how three pa....... + More

  13. 2018 (2) TMI 1141

    Penalty u/s 271(1)(c) - non-striking-off of irrelevant portion in the notice issued u/s 274 r.w.s. 271(1)(c) - claim u/s 35(2AB)- Held that - In view of the parity of reasoning flowing from the judgment in the case of Shri Samson Perinchery (2017 (1) TMI 1292 - BOMBAY HIGH COURT) we are unable to accept the stand of the CIT(A) that the mistake in issue of notice does not invalidate the penalty proceedings. Therefore, on this aspect, we upheld the....... + More

  14. 2018 (2) TMI 1142

    Revision u/s 263 - allowability of land development expenses - Held that - Proper enquiries have been made by the Assessing Officer while accepting the claim of the assessee. Enquiries have also been made u/s. 133(6 of the Act and the details filed by the assessee have not been accepted summarily by the Assessing Officer. Thus, due application of mind was made and pursuant to the enquiries made, claim of the assessee was accepted by the Assessing....... + More

  15. 2018 (2) TMI 1143

    Disallowance on account of levy of cess on green leaves - Held that - As relying on Commissioner of Income Tax Versus AFT Industries Ltd. 2004 (7) TMI 81 - CALCUTTA High Court Cess levied on the production of green leaf would come under the purview of composite income. Thus, ground no-1 raised by the revenue is, accordingly dismissed. BR BR Addition made on account of Section 80IE (2)(ii) - only plant and machinery of manufacturing is to be consi....... + More

  16. 2018 (2) TMI 1140

    Penalty u/s 271(1)(c) - audit expenses claimed to be incurred by the assessee company towards travelling and conveyance of the Articled Clerks, who were C.A. students receiving training from the assessee-firm - Held that - Although this claim of the assessee was not accepted by the Assessing Officer on the ground that it was specifically submitted by the assessee earlier that the audit expenses were incurred by its Audit staff and Audit Clerks wi....... + More

  17. 2018 (2) TMI 1154

    Capital gain computation - year of assessment - transfer within the meaning of Section 2(47)(v) - development agreement by way of Power of Attorney, based on which transfer of possession and development have taken place - reopening of assessment - Held that - Tribunal has committed no illegality in reversing the order of the Commissioner by holding that the transfer within the meaning of Section 2(47)(v) had taken place only in the Assessment Yea....... + More

  18. 2018 (2) TMI 1155

    Amortization of premium on securities held by the bank under category of Held Till Maturity - whether a revenue expenditure? - Held that - Issue urged herein stands concluded against the Revenue and in favour of the Respondent Assessee by virtue of the decision of this Court in CIT Vs. Thane Bharat Sahakari Bank Ltd. 2015 (3) TMI 1026 - BOMBAY HIGH COURT BR BR Addition of excess provisions made which remained a provision and not utilized even in ....... + More

  19. 2018 (2) TMI 1156

    Grant of registration u/s 12A - respondent has failed to produce books of accounts for FY 2013-14 - Held that - The provision contained under Section 12A nowhere empowers the CIT to assess the objects vis-a-vis the books of accounts. Even otherwise, it is not to be seen at this stage as to whether the fulfillment of the charitable trust would eventually benefit the members of the society. If the constituent of the trust engage in some genuine cha....... + More

  20. 2018 (2) TMI 1153

    Addition u/s 14A r.w.r. 8D(ii) - part of interest payable on the loan attributable to the investment made to earn exempt income - sufficiency of own funds - Held that - This Court in CIT Vs. HDFC Bank Ltd. 2014 (8) TMI 119 - BOMBAY HIGH COURT has held that where Assessee s own funds are in excess of the investment made, then it shall be presumed that investments are made out of own funds. In the present case it is found on facts that the interest....... + More

  21. 2018 (2) TMI 1139

    Provisional release of imported goods - areca nuts - Held that - nature of the goods being perishable as well as the interest of Revenue as several importers in the past have subsequently not been traceable after taking release of goods in similar circumstances, we deem it fit and proper to modify the conditions of provisional release - appeal allowed subject to modification of terms........ + More

  22. 2018 (2) TMI 1138

    Penalty under the provisions of Regulation 18 read with Regulation 20(7) and 22 of Customs Broker Licensing Regulations, 2013 - time limitation - Held that - there is no offence report received by the licensing authority prior to the issue of show cause notice by the DRI, which is received on 05.10.2016 - No such report has been received or placed on record prior to the issue of show cause notice by the DRI. As such, we find no breach of limitati....... + More

  23. 2018 (2) TMI 1137

    Conversion of shipping bills - EPCG scheme to drawback cum-EPCG scheme - denial on the ground that no substantive reason for seeking conversion, after two years of export, was given other than ignorance of procedures for claiming duty drawback - Held that - The scheme allows export and import for capital goods for predetermined or specified value of exports to be effected within a specified period. However, this scheme applies only to capital goo....... + More

  24. 2018 (2) TMI 1135

    Refund of SAD - N/N. 102/2007-Cuse dated 14/09/2007 - denial on the ground that appellants have not paid the VAT as they availed VAT exemption - Held that - the issue whether the appellants are eligible for refund when the goods are exempted from levy of sales tax/VAT is settled by the decision of the Tribunal in the case of M/s. Kubota Agricultural Machinery India Pvt. Ltd. 2017 (6) TMI 565 - CESTAT CHENNAI , where Decision in the case of Vazir ....... + More

  25. 2018 (2) TMI 1136

    Misclassification and misdeclaration of value of imported goods - Concentrated mineral drops (CMD), Elete Electrolyte and NanoSiI etc. - penalties u/s 112 (a) and 114 AA of the CA 1962 - Held that - the penalties imposed u/s 112 (a) requires interference as the issue with regard to the classification has now been decided in favour of the appellants - However, since there is finding by the Tribunal that the valuation of the goods is not proper and....... + More

  26. 2018 (2) TMI 1134

    Refund claim - valuation - air freight - case of appellant is that as per Rule 10(2) of the Customs Valuation (Determination of value of the imported goods) Rules, 2007, the assessable value has to be arrived by restricting the air freight component to 20% of the FOB value of the goods - Held that - the freight element has to be restricted to 20% of the FOB value when the cost of transportation of the goods is ascertainable and the transportation....... + More

  27. 2018 (2) TMI 1133

    Scheme of the Insurance Act read with that of IRDA Act - appointment of Administrator to manage the affairs of the Insurer under the control of the IRDAI by invoking powers conferred upon it under provisions of Section 52 (A) of the Insurance Act, 1938 - transfer the insurance business of the Appellant to an outside insurer - Held that - The report and its outcome have potentially and adversely affected the appellant, therefore, the IRDAI must ha....... + More

  28. 2018 (2) TMI 1132

    Restoration of the name of the Applicant Company to the Register maintained by the concerned RoC - Held that - We allow the Application and order for restoration of the name of the Applicant Company to the Register maintained by the concerned RoC. We direct the Applicant Company to deliver a certified copy of this Order to the Registrar of Companies within 30 days from the date of this order. On such delivery, the concerned Registrar of Companies....... + More

  29. 2018 (2) TMI 1131

    Court by which decree may be executed - Transfer of decree - Arbitration award - Procedure where court desires that its own decree shall be executed by another court - whether an award under the Arbitration & Conciliation Act, 1996 is required to be first filed in the court having jurisdiction over the arbitration proceedings for execution and then to obtain transfer of the decree or whether the award can be straightway filed and executed in ....... + More

  30. 2018 (2) TMI 1130

    Whether the Chief Metropolitan Magistrate and the Additional Chief Metropolitan Magistrate are of the same status having the same and identical jurisdiction so far as the trial of criminal cases is concerned? - Held that - Subsection (1) of Section 19 lays down that the Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every other Metropolitan Magistrate shall, subject....... + More

  31. 2018 (2) TMI 1164

    Corporate insolvency procedure - Insolvency Professionals appointment - Held that - Insolvency Professionals for appointment as Insolvency Resolution Professional in compliance with Section 16(3)(a) of the Code in order to cut delay. The list of recommended Insolvency Professionals provides instant solution to the Adjudicating Authority to pick up the name and make appointment. It helps in meeting the time line given in the Code and the unnecessa....... + More

  32. 2018 (2) TMI 1129

    CENVAT credit - input services - rejection was on the ground that there were 21 services which were held to be not used in providing output services, and hence not classifiable as input service under Rule 2(1) of the Cenvat Credit Rules. The other reason was that Cenvat Credit was availed on the input services but against input invoice which pertains to the period prior to registration. BR BR Held that - the scope of admissibility of input servic....... + More

  33. 2018 (2) TMI 1128

    Refund claim - time limitation - export of services out of India - validity of SCN - Revenue s case is that as per Section 11(B) of the CEA 1944, the refund claim has to be filed within one (1) year from the relevant date and the relevant date in the case of the petitioner is the date of order passed by the appellate authority and if such date is reckoned, the application for refund dated 27.04.2017 is filed beyond the period of one year - Held t....... + More

  34. 2018 (2) TMI 1127

    Banking and other financial services - Whether the appellant is liable to discharge the Service Tax liability on the amount retained by him while conducting the Chit Fund services? BR BR Held that - in the case of Margadarshi Chit Funds 2017 (7) TMI 224 - SUPREME COURT OF INDIA it was held that the amount retained by the Chit Fund Manager (like the appellant herein) is not liable for tax under Finance Act, 1994 under the category of Banking and o....... + More

  35. 2018 (2) TMI 1126

    Construction of individual residential houses for Rajasthan Housing Board - case of appellant is that these houses are not to be considered as residential complexes as they do not share any common facilities and hence do not attract service tax - Held that - Since a categorical finding is required before confirming tax liability under Residential Complex Service , we find it fit and proper to set aside the impugned order and to remand the matter ....... + More

  36. 2018 (2) TMI 1125

    Commercial or Industrial Construction Services - demand pertains to 4 construction projects undertaken by the appellants viz. (a) Era Business School, (b) National Automotive Testing and R& D Infrastructure Projects, (c) Office Building for Naya Raipur Development Authority and (d) Hostel for NIT Calicut. BR BR Era Business School - Held that - Era Education School is imparting only education and the same cannot be considered as a commercial acti....... + More

  37. 2018 (2) TMI 1124

    Penalty u/s 78 - intent to evade - Held that - there was no intention to evade service tax on the part of the appellant because the appellant has filed the returns and in ST-3 return, he has shown the adjustment under Column D2 instead of D4 which is only an error in disclosure - from the perusal of the service invoice which is placed on record and also the credit notes issued by the appellant and the disclosure in the service tax return, there i....... + More

  38. 2018 (2) TMI 1123

    Monetary limit involved in appeal - Non-discharge of tax liability - Held that - the disputed tax liability is less than 10 lakhs and as per the litigation policy of the Government of India, the appeal stands dismissed........ + More

  39. 2018 (2) TMI 1122

    Manpower and recruitment agency service - demand of service tax of ₹ 6,60,859/- pertaining to EPF and ESI - Held that - service tax demand cannot be confirmed on the employer s contributed amount towards P.F., E.P.F. and E.S.I. - demand set aside. BR BR Service of packing - job of packing / branding of toilet soap in the factory of M/s. Godrej Consumer Products - demand of service tax - Held that - it appears that packing cost included in t....... + More

  40. 2018 (2) TMI 1121

    Advertising Service - non-payment of service tax - Held that - the service Tax in respect of the services provided by the appellant had already been discharged by the main advertiser. Hence, it is not the case of non-payment of tax by the appellant for providing the taxable service. BR BR Chandigarh Bench of the Tribunal in the case of Lone Star Engineers 2016 (9) TMI 489 - CESTAT CHANDIGARH have held that the payment of main contractor on behalf....... + More

  41. 2018 (2) TMI 1120

    Taxability - manpower supply and recruitment agency services - Held that - the respondent was awarded specific jobs and not the supplies of labour and the consideration paid for such specific jobs was based upon per piece and not on salary basis to the employees/labour utilized for such activity - appeal dismissed - decided against Revenue........ + More

  42. 2018 (2) TMI 1119

    Levy of service - works contract service - execute turnkey contracts for supply, erection, installation and commissioning of power transmission and distribution systems - Held that - this issue is no more res integra and has been settled by the Hon ble Supreme Court in the case of L&T Ltd. 2015 (8) TMI 749 - SUPREME COURT wherein the Hon ble apex court has held that prior to 01/062007, there was no charging section to specifically levy service ta....... + More

  43. 2018 (2) TMI 1118

    Jurisdiction - power of Commissioner (A) to remand - Held that - there is no infirmity in the impugned order whereby the Commissioner (A) has only remanded the matter to the original authority - the Commissioner (A) has the power to remand the case to the original authority under the Service Tax - appeal dismissed - decided against Revenue........ + More

  44. 2018 (2) TMI 1096

    SSI Exemption - dummy unit - Revenue entertained a view that the assessee-appellant had split up the turnover in the name of another unit M/s.The Coastal Paper Packaging which is held to be fictitious unit, in order to have lesser turnover accounted for the purpose of availing the said SSI exemption - Held that - Admittedly no notice was issued making allegation about the legal status of M/s.The Coastal Paper Packaging. The lower authorities held....... + More

  45. 2018 (2) TMI 1106

    CENVAT CREDIT - invoices issued without receipt of goods - Held that - only for the reason that the transporter refused the transportation of goods or that invoices were not appearing in gate register or no GRN was prepared by M/s Yash Industries, credit cannot be denied - It is not disputed that M/s Yash Industries are regularly purchasing rejected profile from M/s Shreeji and are using the same as raw material. The goods stands recorded in raw ....... + More

  46. 2018 (2) TMI 1107

    Sub-contract - job-work - case of the department is that even though the job work fabrication and erection of the pipeline was sub-contracted to Shri K.A Jaysinha Reddy, M/s.Ganesh Builders was held to be the manufacturer as the ownership of pipes was with Ganesh Builders - Held that - Irrespective of the fact that the Ganesh Builders is the owner of the goods but manufacturing was not carried out by Ganesh Builders and it is admittedly carried o....... + More

  47. 2018 (2) TMI 1105

    Refund claim - trade discount - price variation clause - Held that - the trade discount was not known to prior to the clearance and thus at the time of clearance, the assessable value can only be ascertained on the basis of trade discount which was known to the buyer - Variation on the transaction value on a subsequent date cannot result in re-determination of assessable value - refund cannot be allowed - appeal dismissed - decided against appell....... + More

  48. 2018 (2) TMI 1104

    Interest on delayed reversal of CENVAT credit - DTA unit is converted into a 100% EOU - Held that - the issue is squarely covered in favour of the appellant by the decision rendered in the case of CCE vs. Bill Forge Pvt. Ltd. 2011 (4) TMI 969 - KARNATAKA HIGH COURT , where it was held that once the entry was reversed, it is as if that the Cenvat credit was not available - appellant had sufficient balance in their CENVAT credit account and had not....... + More

  49. 2018 (2) TMI 1103

    Rectification of Mistake - the ROM application refers to three paragraphs of the Final Order i.e., paragraph 15, 20 and 22 - With reference to paragraph 15, it is contended that the observation of the Tribunal that the authenticity of the evidences relating to lime and cotton canvas bags purchased without proper accounting has not been challenged, is an apparent error on record - Held that - The grounds before the Hon ble High Court was that ther....... + More

  50. 2018 (2) TMI 1101

    N/N. 33/2005-CE dated 08.09.2005 - clearance of industrial valves and parts thereof without payment of duty - Held that - It is amply clear that the goods have in fact been consigned only to M/s. Rake Power Ltd., and have been used for the purpose intended, benefit of notification cannot be denied - appeal allowed - decided in favor of appellant........ + More

  51. 2018 (2) TMI 1102

    Penalty u/s 11AC - Refund of duty paid on the free supply of biscuits - rejection on the ground that the same is assessable to duty in terms of section 4A of the Act - Held that - the issue per se was mired in confusion during the period and was only laid to rest by the decision of the Larger Bench of the Tribunal in the case of INDICA LABORATORIES PVT. LTD. Versus COMMISSIONER OF C. EX., AHMEDABAD 2007 (5) TMI 19 - CESTAT,AHMEDABAD - there is a ....... + More

  52. 2018 (2) TMI 1100

    Benefit of N/N. 25/99-Cus. dated 28.02.99 - import of inputs for use in the manufacture of relays - Department was of the view that the goods/inputs having not been put to use in the manufacture of excisable commodity i.e. Relays, the benefit of notification is not available to them - Held that - The Tribunal in the appellant s own case Areva T And D India Ltd. Versus Commissioner of Central, Excise (LTU) 2017 (10) TMI 129 - CESTAT CHENNAI analyz....... + More

  53. 2018 (2) TMI 1099

    Benefit of N/N. 67/1995-CE dated 16.03.1995 - process of extraction of catechin from gambier extracts - Indian Katha - it appeared to Revenue that India Katha was attracting nil rate of duty and, therefore, the benefit of Notification was not admissible - Held that - It is undisputed fact that catechin were manufactured by Bareilly Chemicals Pvt. Ltd. and the main appellant used the said goods in the manufacture of their final product. Therefore,....... + More

  54. 2018 (2) TMI 1098

    CENVAT credit - input/capital goods - MS Plates, Chequered Plates, RS Joist, Prime Hot Rolled Over Rolling etc. used in the manufacture of EOT, Gantry Cranes and in the construction of supporting structures - Held that - issue on eligibility of input credit for goods like MS Plates, Chequered Plates, RS Joist, Prime Hot Rolled Over Rolling etc., used in the manufacture of structures for movement of EOT Cranes, Iron Frames for EOT Cranes etc., is ....... + More

  55. 2018 (2) TMI 1097

    CENVAT credit - inputs/capital goods - whether the appellant-assessee, a manufacturer of Sugar, etc., is entitled to Cenvat credit on Steels goods such as Shape & Section, angles, M.S. Plates/rounds, beams, rails etc. falling under Chapter Heading 72, 73 & 83 of CET Act, also welding electrodes used in fabrication/construction of capital goods including structural support, etc. - whether the demand is barred by limitation and whether the ....... + More

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