Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Forum Articles Highlights TMI Notes SMS News What's New Calendar Imp. Links Database More...
Extracts
Home List
← Previous Next →

M/s. Chandrawati Polymers (P) Ltd., M/s. Ratnakar Enterprises, M/s. Manoj Ratnakar Jain, M/s. Aar Em Plywood & Sunmica Versus CCE, Ghaziabad

Demand of duty - Clandestine removal of goods - Clearance of goods without accountal and payment of duty - Confiscation of goods - Held that:- The appellant manufacture industrial and decorative laminates and there is no dispute that more than 90% of the production is supplied to Indian Railways either directly or through dealers and through M/s.Shaktri Sales and M/s.P.A. Sales. There is no dispute that supply to Railways of the laminates are against the contract of the Indian Railways with CPPL .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ough M/s.P.A. Sales and M/s.Shakti Sales and the quantity manufactured by them as per the RG-I Register. According to the appellant, the balance quantity had been procured by them from several dealers through M/s.Aar Em Plywood and Sunmica and M/s. Ratnakar Enterprises.

However, all the dealers from whom the laminates are claimed to have been purchased, have on inquiry stated that they had supplied the laminates of 0.6 mm. to 1.5 mm. thickness only and, therefore, the appellant s cla .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

spute, which is in excess of the quantity whose production was recorded by them during that period in the RG-I Register, had actually been manufactured by them without accountal and had been cleared without payment of duty under the guise of trading activity. - No infirmity in impugned order - Decided against assessee. - Excise Appeals Nos. E/902 to 905/2005-EX(DB) with E/Misc.1015,1018,1017 and 1016/2011 - Final Order Nos. 51123-51126/2015 - Dated:- 9-4-2015 - Hon ble Shri Rakesh Kumar, Member .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Director of the appellant company. M/s. Aar Em Plywood and Sunmica is a trading firm whose proprietor is Shri Manoj Ratnakar Jain. M/s. Ratnakar Enterprises is a partnership firm owned by Shri Manoj Ratnakar Jain and his brother-in-law. M/s. Shakti Sales and P.A. Sales are the dealers through whom M/s. CPPL were selling the laminates to Indian Railways. The bulk of the industrial and decorative laminates manufactured by CPPL were being supplied either directly or through M/s.Shakti Sales and M/s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

alers M/s. Shakti Sales and M/s.P.A. Sales in terms of the contract terms, laminates supplied were to be of 3mm.thickness and the same were to be inspected prior to delivery by the RITES or DGS&D in the factory of the CPPL. It was found that quantity of laminates being supplied by CPPL either directly or through M/s. P.A Sales or M/s. Shakti Sales during the above mentioned period of dispute was far in excess of the quantity, which had been manufactured by CPPL as per their records. It was a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

under gate passes. Inquiry was made with the dealers from whom M/s. Ratnakar Enterprises and M/s. Aar Em Plywood and Sunmica claimed to have purchased the laminates and all the dealers while confirming that they had supplied the laminates, stated that the laminates supplied by them were of 0.6 mm to 1.5 mm. thickness. Since the laminates supplied to Railways by CPPL either directly or through M/s.Shakti Sales and M/s. P.A. Sales were of 3 mm. thickness and as per the conditions of supply, there .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

laminates supplied to Indian Railways during the above mentioned period of dispute and the quantity which was manufactured by CPPL as per their records, had been clandestinely removed by them without any accountal and the same had been cleared without payment of duty by showing the same as trading activity. It is on this basis that the Commissioner vide order-in-original dated 30.04.2004 confirmed the duty demand of ₹ 2,10,56,785/- against CPPL under proviso to Section 11A(1) of the Centr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

oj Ratnakar, Director ₹ 10 Lakhs (2) M/s.Ratnakar Enterprises ₹ 8 Lakhs (3) M/s.Aar EM Plywood and Sunmica Rs.8 Lakhs (4) Shri Prem Chand Goel, Partner Of M/s.P.A. Sales Corporation ₹ 5 Lakhs (5) Shri Ashok Kumar Goel, Partner in M/s.Shakti Sales Corporation Rs.5 Lakhs (6)M/s.P.A. Sales ₹ 8 Lakhs (7)M/s.Shakti Sales Corporation ₹ 8 Lakhs 1.2 Against the above order of the Commissioner, these appeals have been filed by CPPL, Shri Manoj Ratnakar Jain, M/s. Ratnakar En .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ppellant had appeared. In view of this, in accordance with the provisions of Rule 21 of the CESTAT (Procedure) Rules, the matter is being decided ex parte after hearing ld. Departmental Representative. 3. Heard Shri Ranjan Khanna, ld. Departmental Representative, who pleaded that more than 95% of the sales of the industrial and decorative laminates manufactured by CPPL were to Indian Railways either directly or through their dealers, M/s.P.A. Sales and M/s. Shakti Sales, that sales of laminates .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

antity of laminates supplied during the period of dispute to Railways and the quantity whose production has been recorded by the appellant in their RG-1 register, that according to the appellant, this difference represents the quantity which had been procured by them as trading activity through M/s.Aar Em Plywood and Sunmica and Ratnakar Enterprises from some dealers, that all the dealers from whom the laminates are claimed to have been procured have stated that they have supplied the laminates .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

without payment of duty and that in view of this, duty demand has been correctly confirmed against CPPL and penalty has been correctly imposed on them and other co-noticees and as such, there is no infirmity in the impugned order. 4. We have considered the submissions of the ld. DR and have gone through the records of this case. 5. The appellant manufacture industrial and decorative laminates and there is no dispute that more than 90% of the production is supplied to Indian Railways either dire .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

  ↓     Latest Happening     ↓  

Forum: GST return filing software online | Easy GST compliance management

Forum: Input credit of gst paid on urd

Forum: 3B mistake

Forum: Excise duty credit on finished stock at additional place of business.

Forum: Input tax credit

TMI Note: Capital Gain - transfer of right in the land or transfer of land itself - addition u/s 50C - Harassment to the honest tax payers

Highlight: Option to avail composition scheme under GST by electronically filing an intimation in FORM GST CMP-02 and FORM GST ITC-03 upto 30-9-2017 - See Rule 3(3A)

Forum: GST on Notional rent

Forum: GST ON SALES PROMOTION

TMI Note: Does ICDS apply for the purposes of computing exemption u/s 11 to 13.

Highlight: Voluntary Reporting of Estimated Current Income and Advance Tax Liability - CBDT issues draft notification

TMI Note: Certain ICDS provisions are inconsistent with judicial precedents. Whether these judicial precedents would prevail over ICDS.

Highlight: Provisions of ICDS shall prevail w.e.f. AY 2017-18 to the transactional issues dealt therein over earlier judicial pronouncements.

Notification: Levy of anti dumping duty on New/unused pneumatic radial tyres with or without tubes and/or flap of rubber (including tubeless tyres) having normal rim dia code above 16 originating in, or exported from China PR

News: Voluntary Reporting of Estimated Current Income and Advance Tax Liability

TMI Note: In case of conflict between ICDS and other specific provisions of the Income-tax rules, 1962 governing taxation of income like rules 9A, 9B etc. of the Rules, which provisions shall prevail.

TMI Note: Does ICDS apply to computation of Minimum Alternate Tax (MAT) u/s 115JB of the Act or Alternate Minimum Tax (AMT) u/s 115JC of the Act.

TMI Note: Where a term has not been defined under ICDS, nor under the Act, but has different interpretations given to it by the courts in tax cases, and in ICAI Accounting Standards, which interpretation would prevail while interpreting ICDS.

TMI Note: Whether the provisions of ICDS apply to a non-resident who claims the benefit of a double taxation avoidance agreement (DTAA).

TMI Note: In case any of the ICDS provisions is contrary to a circular or press release issued by the CBDT, which would prevail over the other.

TMI Note: ICDS-I requires disclosure of significant accounting policies and other ICDS requires specific disclosures. Where is the taxpayer required to make such disclosures specified in ICDS.

Notification: Income Computation and Disclosure Standards (ICDS) - New ICDS to be effective from AY 2017-18

News: RBI Reference Rate for US $

Highlight: GST - Detention of goods under transport - discrepancy in documents - the statutory provisions provide a mechanism for adjudication following detention of goods including for the provisional release thereof pending adjudication - HC

Highlight: Reassessment - first few paragraphs of the assessment order dealt with objections and disposed of accordingly - Unfortunately, the manner in which the AO has decided the issue is wholly unsustainable in law - HC

Highlight: Business expenditure u/s 37 - liquidated damage - breach of contract terms - Expenditure was not incurred for any purpose which is an offence or which is prohibited by law - cannot be disallowed - HC

Highlight: Valuation - inclusion of reimbursement of expenses - managing participation of clients in certain mela, fairs, promotional activities etc. - They are liable to service tax on the gross amount received - They cannot restrict their tax liability to only agency commission

Highlight: TDS liability - ITAT confirmed the liability - We do not see how it is possible for us to uphold the order of the Tribunal and when it purports to decide two Appeals of the Revenue by single paragraph conclusion - HC

Highlight: Reopening of assessment - sufficiency of material available with the AO to form a belief that income chargeable to tax had escaped assessment - bogus purchases - seller refused to respond - notice would not be interfered with - HC

Highlight: Exemption u/s 11 - education activities - transport and hostel facilities surplus cannot be considered as business income of the assessee society

News: Draft Notification for insertion of new rule 39A in the Income-tax Rules, 1962 comments and suggestions-reg.

Highlight: Genuineness of labour wages expenses, embroidery charges, fabrication expenses etc. - getting work done through small workmen who do not have any permanent place of residence - disallowance of ad hoc expenditure deleted.

Highlight: Project import - Since the goods were never used for the purpose for which it was imported, the actual user condition has been violated - Redemption fine and penalty imposed.

Highlight: Penalty u/s 112 (a) - CHA - Lack of due diligence and failure to take more precautions can not, by itself, bring in penal consequences

Highlight: Import of services - GST - The fact that those services were received outside India will not change the fact that the services have been paid for by the beneficiary appellant, who is located in India. - Demand confirmed.

Notification: SEZ for IT/ITES at Madhurwada Village, Visakhapatnam District in the State of Andhra Pradesh - denotified.

Highlight: Merely because payment is received in Indian rupee, it cannot be said that payment against export has not been received in convertible foreign exchange.

Highlight: Merely vehicle numbers was not mentioned on the invoices cannot be the reason to deny Cenvat Credit

Highlight: Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Central Goods and Service Tax Rules, 2017 - Circular

Circular: Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Central Goods and Service Tax Rules, 2017

News: Auction for Sale (Re-issue) of Government Stocks

Article: TDS APPLICABILITY ON GOVERNMENT CONTRACTS UNDER GST (Under Section 51 of the CGST Act, 2017)

News: Manmohan takes potshots at note ban, 'hasty' rollout of GST

News: GST on petrol, diesel requires wider discussion: Nitish

Article: WHEN CAN ONE TAKE ITC FOR RCM CASES?

Notification: TDS liability under Section 51 of CGST, 2017 come into force w.e.f. 18-9-2017 - Persons liable to deduct TDS from payment made or credited to the supplier of taxable goods or services specified

Notification: Central Goods and Services Tax (Seventh Amendment) Rules, 2017

Notification: Seeks to extend the last date for filing the return in FORM GSTR-3B for the months of August to December, 2017

Circular: Filing of Special Leave Petition against Orders of Hon'ble High Courts staying Collection of Tax under GST- reg.

Highlight: Exemption u/s 54F - LTCCG - once entire net consideration is invested, the absence of completion certificate cannot be a ground to deny the benefit of deduction.



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

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

Go to Mobile Version