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 Bhushan Steel Ltd. Versus Commissioner of Central Excise, Ghaziabad

Eligibility of welding electrodes used for repair and maintenance of the plant and machinery for Cenvat credit - Held that:- welding electrodes used for repair and maintenance of plant and machinery are eligible for Cenvat credit - denial of Cenvat credit in respect of welding electrodes used for repair and maintenance of plant and machinery and Cenvat credit demand on this basis is not sustainable. - Decision in the case of Union of India vs. Hindustan Zinc Ltd. reported in [2006 (5) TMI 44 - H .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s demand and Cenvat credit on this basis is not sustainable.

Various depots had transferred the end cuttings of pipes under invoices wherein the proportionate duty paid on the pipes at the time of clearance from their respective factories had been mentioned. The Department seeks to re-calculate this duty on the basis of the scrap value of the end cuttings, as mentioned in the depot invoices and restrict the Cenvat credit to that amount. In our view this stand of the Department is not .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t the end of the supplier manufacturer. - Decided in favour of assessee. - Excise Appeal No. 52173 of 2014 - FINAL ORDER NO. 51598/2015 - Dated:- 7-5-2015 - Rakesh Kumar, Member (T) And S. K. Mohanty, Member (J),JJ. For the Appellant : Shri Rajesh Chhiber, Adv. For the Respondent : Shri M S Negi, AR (DR) ORDER Per: Rakesh Kumar: The appellant company in their factories at Sahibabad (U.P.), Khopoli (Maharashtra) and Angul (Orissa) manufacture precision pipes of steel. The pipes manufactured by Sa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

sis of length, some end cuttings are left which are not saleable, these end cuttings of pipes are sent by the depots to Sahibabad unit under invoices issued by the depots as registered dealer. In these invoices, the concerned depots mention the proportionate duty paid in respect of pipes. The Sahibabad unit on receiving the end cuttings of pipes availed the Cenvat credit on the basis of these invoices and used these pipes for re-melting for manufacture of ingots. According to the Department, sin .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

learance from the respective factories. The Cenvat credit demand of ₹ 1,20,48,313/- against Sahibabad unit of the appellant company for which two separate show cause notices have been issued, is on this basis. 2. The second point of dispute is as to whether welding electrodes used for repair and maintenance of the plant and machinery of the Sahibabad unit are eligible for Cenvat credit. The department being of the view that welding electrodes used for repair and maintenance of the plant an .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

9; and, hence, is not eligible for Cenvat credit. 4. It is in view of the above that after issue of show cause notice, the Commissioner by order-in-original No. 20-21/Commr./GZB/2013-14 dated 21/01/14 has confirmed the Cenvat credit demand of ₹ 1,21,99,524/- (Rs. 1,20,48,313/- + ₹ 1,51,211/-) for the period from April 2008 to March 2013 against the appellant alongwith interest on it under Section 11AA and beside this, imposed penalty of equal amount on them under Section 11AC of Cent .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s used for repair and maintenance of the plant and machinery, the issue stands decided in favour of the appellant by the judgments of three High Courts - judgment of Hon'ble High Court of Rajasthan in the case of Union of India vs. Hindustan Zinc Ltd. reported in 2007 (214) E.L.T. 510 (Raj.), the civil appeal against which has been dismissed by the Apex court vide judgment reported in 2007 (214) E.L.T. A115 (S.C.), judgment of Hon'ble Karnataka High Court in the case of CCE, BAngulore - .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ellant unit from its depots for re-melting and manufacture of ingots, the end cuttings received by the Sahibabad unit from various depots are of the precision pipes which had been cleared by Sahibabad unit, Khopoli unit, Angul unit of the appellant company on payment of duty to depots and the depots under their invoices have sent the end cuttings to Sahibabad unit by passing on the proportionate credit, that there is no justification for re-calculation of the duty payable on the end cuttings of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

xcise Authorities having jurisdiction over the recipient - manufacturer cannot review the assessment of duty at the end of supplier - manufacturer, that this judgment of the Apex court is squarely applicable to the facts of this case, more so, when the depots while transferring the end cuttings of pipes to Sahibabad unit have merely passed on the proportionate Cenvat credit of the duty suffered on that quantity of pipes. He, therefore, pleaded that the impugned order is not sustainable. 7. Shri .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s. Hindustan Zinc Ltd. reported in 2007 (214) E.L.T. 510 (Raj.), civil appeal against which has been dismissed by the Apex court vide judgment reported in 2007 (214) E.L.T. A115 (SC), the judgment of Hon'ble Karnataka High Court in the case of Alfred Herbert (India) Ltd. reported in 2010 (257) E.L.T. - 29 (Kar.) and the judgment of Hon'ble Chhattisgarh High Court in the case of Ambuja Cement Eastern Ltd. reported in -2010 -TIOL -309- HC- Chhattisgarh -CX. Though Hon'ble High Court of .....

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
  ↓     Latest Happenings     ↓  

Forum: GST Invoice

Forum: GST on RCM on rent in a unregistered state

Forum: COMPOSITION SCHEME

Article: Websites of Government Departments need lot of improvement. We are noticing detoriations in them for example, case of website of ITAT.

Highlight: Levy of additions tax u/s 115O on distribution of dividend - shares of its profits declared as distributable among the shareholders is not impressed with the character of the profit from which it reaches the hands of the shareholder - not to be bifurcated as agriculture and non-agriculture dividend - SC

Highlight: Rate of GST on old and scrap buses - 28% or 18% - at such initial tender process initiated by the Respondents-KSRTC, the present petitions filed by the petitioners are premature and misconceived and do not require any interference by this Court at this stage. - HC

Forum: Rent a cab operator

Highlight: In view of amendment made u/s 132A of the Income Tax Act, 1961 by Finance Act of 2017, the 'reason to believe' or 'reason to suspect', as the case may be, shall not be disclosed to any person or any authority or the Appellate Tribunal, SC dismissed the appeal of the assessee

Highlight: Validity of Assessment Order - period of limitation u/s 153 (2A) is applicable even if the entire order was not set aside but matter was remanded back for for limited aspects with directions - HC

News: Note ban was a shake-up, achieved its main objectives

Notification: Amendments in the notification No.5/2017- Integrated Tax (Rate) dated the 28th June, 2017.

Highlight: Levying interest u/s 234C - interest is to be charged on the returned income and not on assessed income.

Highlight: Accrual of income - sale of right to develop and sell incentive FSI under LOI - till the conditions of LOI are fulfilled transfer is not complete and income does not accrue to the assessee

Highlight: TPA - determination of ALP - TP adjustment by applying Bright Line Test (BLT) is not sustainable on protective basis having no statutory mandate.

Highlight: Safeguard Duty - Advance License Scheme - as there is no exemption from safeguard duty leviable under Section 8C, which is imposed on the goods imported from China, the importer has to pay safeguard duty

Highlight: Manufacture - process of cutting of waste plastic container - Such plastic containers before and after cutting are nothing but waste / scrap - Not a manufacturing activity as no new product emerges.

News: NITI Aayog and Govt. of Assam organizes workshop on health sector reforms in Guwahati; launches SATH- Sustainable Action for Transforming Human Capital

Notification: Seeks to amend notification no. 5/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding restriction of refund on corduroy fabrics

Notification: Seeks to amend notification no. 2/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst exemptions

Forum: GSTR 3B Rectification

Notification: seeks to exempt Skimmed milk powder, or concentrated milk

Notification: Seeks to amend notification no. 2/2017- integrated tax(rate) dated 28.06.2017 to give effect to GST council decisions regarding GST exemptions.

Forum: 3B mistake

Notification: Seeks to amend notification no. 1/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst rates

Notification: Seeks to amend notification no. 1/2017- integrated tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst rates.

Forum: GST - TRAN1 - filed - Data uploaded with Remarks Processed with Error - Not coming in Electronic credit ledger - need suggession guidance

News: Notification Issued For GST Actionable Claim On Branded Food Products

Highlight: Classification printed computer stationary/manifold Business Forms - to be classified under Chapter Heading 4820.00 or under Chapter Heading 4901.90 - items like A4 sheets, advertisement and job card to be classified under Chapter 49

Article: RCM Applicability to persons not liable to get registered us 23(1)

Article: Credit of unsold stock [Section 140(3)] - Actual Credit as well as Notional Credit - Part-I - GST Transitional provisions

News: GST Refund - Blockage of Working Capital of Exporters - earlier also there was a normal blockage of funds for a period of 5-6 months at least

News: Clarification about Transition Credit - ₹ 1.27 lakh crore of credit of Central Excise and Service Tax was lying as closing balance as on 30th June, 2017 - claim of credit of ₹ 65,000 crore is not unexpected

Article: 20 Things You must know about E Way Bills in GST Law

Article: MISTAKES IN DRAFTING

Forum: Duty Drawback- Urgent

Highlight: The Customs and Central Excise Duties Drawback Rules, 2017 and All Industry Rates (AIRs) of Drawback related changes -reg. - Circular

Highlight: The definition of "subsidiary company" or "subsidiary" u/s 2(87) of the Companies Act, 2013 shall come into force w.e.f. 20-9-2017

Highlight: Central Government notified the All Industry Rates of Duty Drawback Schedule w.e.f. 1.10.2017 - Notification

Notification: All Industry Rates of Duty Drawback Schedule w.e.f. 1.10.2017

Circular: Investment by Foreign Portfolio Investors in Corporate Debt Securities Review

Notification: Exemptions on supply of services under UTGST Act

Notification: Rates for supply of services under UTGST Act

Notification: Exemptions on supply of services under IGST Act

Notification: Rates for supply of services under IGST Act

Notification: List of Exempted supply of services under the CGST Act

Notification: Rates for supply of services under CGST Act

Highlight: Acceptance of deposits by companies from its members - conditions relaxed in case of Specified IFSC Public company and a private company - Rule 3 amended

Notification: Rate of exchange of conversion of the foreign currency with effect from 8th September, 2017

News: Tax Payers Advised To Confirm Identities Of Income Tax Search Authorities

Notification: Amendment in Appendix 3 (SCOMET items) to Schedule- 2 of ITC (HS) Classification of Export and Import Items 2012



|| 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