Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

M/s. Jitendra Synthetics Versus Commissioner of Central Excise & Customs

Imposition of penalty - Whether the Appellate Tribunal was right in imposing penalty on the appeal under Rule 57U[6] in the facts of this case - Held that:- If the provision for imposing penalty was not in existence in December, 1994 when the contravention took place, then, there was no question of imposition of any penalty on the basis of the subsequent rule which was not in existence at the relevant time. The Apex Court in Commissioner of Central Excise, Mumbai-I v. Lal Mining Engg.Works, repo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

: Honourable The Acting Chief Justice Mr. Vijay Manohar Sahai ) 1. We have heard Mr. Paritosh Gupta for Mr. Paresh Dave, learned counsel for the petitioner and Mr. Gaurang Bhatt, learned counsel for the respondent. 2. This appeal was admitted on the following substantial questions of law: "Whether the Appellate Tribunal was right in imposing penalty on the appeal under Rule 57U[6] in the facts of this case?" 3. The brief facts leading to the present appeal are that the appellant was e .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

, but there being two appeals filed by the appellant as well as the Department separately before the Appellate Tribunal and therefore there being two separate orders of the Appellate Tribunal, the appellant has filed the present appeal. 5. The appellant brought and installed in its factory capital goods in the nature of texturing machine on which excise duties to the tune of ₹ 4,52,500/- were paid, and therefore, the appellant took credit of the above amount of duty paid on the texturising .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e above modvat credit of ₹ 4,52,500/- with interest and penalty on the grounds that the appellant had taken loan from Surat People s Co-operative Bank for ₹ 39 lakhs for purchasing the said texturising machine; that the payment for the capital goods was made by the said Bank under Loan Agreement with the appellant; that the appellant had not produced a certificate from the financial company to the effect that duty specified on the capital goods had been paid by the manufacturer to th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e 57U[8] of the said Rules. 9. Being aggrieved by the said order, the appellant filed an appeal before the Commissioner [Appeals], Surat, which came to be decided by the Commissioner [Appeals] by order in appeal dated 3.6.2002, whereby the demand of duty was upheld. However, the appellate authority set aside the penalty on the ground that Rule 57U[6] under which equal amount of penalty was imposed was brought on the statute book only w.e.f. 23.7.1996 whereas the action of the appellant in taking .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

financial position and therefore could not deposit the above amount of ₹ 1.00 Lakh and therefore, the Appellate Tribunal dismissed the appeal for noncompliance of stay order passed under Section 35F of the Act vide order dated 8/17.9.2003. 11. In the meanwhile, the Commissioner of Central Excise, Surat also filed an appeal before the Appellate Tribunal against the above referred order dated 3.6.2002 passed by the Commissioner [Appeals], Surat as regards the penalty contending that penalty .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| 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