TMI BlogExcise and Customs CasesX X X X Extracts X X X X X X X X Extracts X X X X ..... Excise and Customs Cases - Commentaries / Editorials Dated:- 20-5-2008 - News - 1 Central Excise - 2008 - TMI - 4097 - CESTAT, NEW DELHI Credit denied on items used for fabrication of machinery used in manufacture installation of pollution control equipment - Central Govt made obligatory for factories mfg. industrial spirit, to install pollution control equip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment (bio-gas plant) - as per the definition of capital goods during the relevant period all specified goods including pollution control equipment component, parts accessories of these goods are entitled for credit as capital goods - therefore, credit is allowed 2 Central Excise - 2008 - TMI - 4096 - CESTAT, NEW DELHI Manufacture of acrylic m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ink blankets - waste arise during mfg. of goods to be exported - credit of inputs contained on waste is refundable or not - refund is admissible in respect of inputs used in the manufacture of final product which are cleared for export- no dispute regarding the use of inputs in the manufacture of final products which was cleared for export - no prohibition under the Rules for claiming refund in re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spect of credit on inputs contained in the waste - revenue appeal dismissed 3 Central Excise - 2008 - TMI - 4095 - CESTAT, NEW DELHI Credit denied penalties imposed on ground that invoice on the strength of which the credit was availed, was computer generated, name of appellant was hand written - Circular 441/7/99-CX clarified that credit shal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l not be denied on procedural lapse if duty paid goods were used in the factory - assessee's invoice contains the details viz description of the goods, AV, name address of factory or warehouse where the goods are to be received - in view of this, denial of credit not sustainable 4 Central Excise - 2008 - TMI - 4094 - CESTAT, BANGALORE Credit ava ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled on granules used in mfg. of final good - waste scrap generated during manufacture - waste is an excisable commodity is removed on payment of duty so there is no requirement of reversing the credit on it which is cleared for home consumption - when assessee has reversed credit on inputs contained in goods to be exported to claim drawback, there is no justification for demanding credit avai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led by the appellants on the scrap generated, which was only cleared on payment of duty 5 Central Excise - 2008 - TMI - 4093 - HIGH COURT BOMBAY Ethyl Alcohol was partly used in the mfg. of denatured Ethyl Alcohol partly in the mfg. of Indian Made Foreign Liquor - assessee reversed credit to the extent of an amount equivalent to 8% of total pric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the ethyl alcohol (non-excisable and used as input for production of IMFL) in terms of Rule 6(3)(b) - revenue plea that Rule 6(3) is not applicable, unless the excisable product non-excisable product are produced by the common process, is non-acceptable - no question of law arise - News - Press release - PIB Tax Management India - taxmanagementindia - taxmanagement - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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