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 Balrampur Chini Mills Ltd. Versus Union of India Ministry Of Finance Deptt. Revenue & 2 Ors.

2015 (10) TMI 711 - ALLAHABAD HIGH COURT

CENVAT Credit - benefit of exemption of the notification dated 16.3.1995 - Captive consumption - Invocation of extended period of limitation - Suppression of facts - Held that:- Adjudicating Authority failed to take into account the object of the Central Excise Tariff (Amendment) Bill, 2004 as well as the statement of objects/reasons appended to the Bill. The adjudicating Authority has also over looked the fundamental principle of interpretation, thus, the order, so passed, by the Adjudicating 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

Seth, Advocate has accepted notice on behalf of respondent nos.1 to 3. He prays for and is allowed three weeks' time to file counter affidavit. List immediately after three weeks. The petitioner is engaged in the manufacture of V.P. Sugar, which is being categorized under the heading No.17011190, whereas molasses falling under the heading 17031000. The molasses emerges as a by-product during the manufacture of sugar in the sugar unit is transferred to the distillery unit for being used in t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n denatured of any strength was chargeable to 'NIL' rate of duty and denatured spirit was chargeable at the applicable rate mentioned in the tarrif. Thus, Rectified Spirit, ENA etc. are excisable items, whereas Ethyl Alcohol and other spirits, denatured of any strength, continued to be exempted by virtue of notification dated 24.2.2005. Subsequently, notification dated 24.2.2005 was superseded by notification dated 17.3.2012, but no change in the status of spirits was made, meaning there .....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

uantity of molasses transferred from its sugar unit to the distillery unit for captive consumption, and in view of the provisions of Rule 6 of the CENVAT Credit Rules the assessing authority did not raise any objection, but without any rhyme or reason notice has been issued on 27.9.2012 and in view of the decision of the Hon'ble Supreme Court in the case of Pahwa Chemicals Private limited v. Commissioner, (2005) 189 ELT 257 in which the Apex Court has held that mere failure to declare some f .....

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