GST Helpdesk   Subscription   Demo   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
What's New Case Laws Highlights Articles News Forum Short Notes Statutory TMI SMS More ...
Extracts
Home List
← Previous Next →

2016 (1) TMI 193 - CESTAT NEW DELHI

2016 (1) TMI 193 - CESTAT NEW DELHI - TMI - Valuation - appellants short paid the Central Excise duty as they have not taken 115% of cost of production in respect of goods sold to related persons - Held that:- Original authority neither discussed the various grounds of defense taken by the appellants nor categorically arrived at the conclusion as to which provisions of law have been applied to the facts of the present case to arrive at the conclusion that there is a related party transaction. 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

grounds on which the appellants defended the case have not been discussed at all by the lower authorities. - Matter remanded back. - Appeal No. E/2332/2006-EX(DB) - Dated:- 17-9-2015 - Ashok Jindal, Member ( J ) And B. Ravichandran, Member ( T ) For the Appellant : Ms Rupendra Singh, Adv For the Respondent : Shri R K Grover, DR ORDER Per: B Ravichandran: The appellants are engaged in the manufacture of articles of plastic for packing of goods. The present appeal is against order dated 28.02.200 .....

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 not taken 115% of cost of production in respect of goods sold to related persons. The duty demand was confirmed along with equal penalty. On appeal, the Ld. Commissioner (A) vide order dated 28.02.2006 upheld the original order. Aggrieved by the said order the appellant is before us. 3. In the appeal the appellant took strong objection to the proceedings of the lower authority as being without application of mind and not considering the detailed findings on reply submitted by them. They have c .....

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 and examined the appeal records. 6. First, we take up the main objection of the appellant against the orders of the lower authorities for decision. We examined the order in original. The said order is of 28 pages. The discussion and findings starts in page 23. Even here substantial portion of discussion of findings are devoted only to the reproduction of legal provisions and facts of the case as alleged in the show cause notice. The relationship of one of the Directors of the appellants with 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

ut the appellant's defense of their identity under Companies Act and how their relationship between Directors of two companies will have no impact on valuation. The declaration made to income tax has no relevance for Central Excise valuation. However, we find after reproducing the appellant's defense as above the original authority concludes that " in view of the foregoing paras reply filed by the notice, I have observed that the noticee has cleared the goods to M/s. Nahar spinning .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Advanced Search


Latest Notifications:

    Dated      Category

20-7-2017 Cus (NT)

20-7-2017 GST CESS Rate

19-7-2017 IT

19-7-2017 IT

18-7-2017 IT

18-7-2017 CE (NT)

18-7-2017 CE

18-7-2017 GST CESS Rate

15-7-2017 Kerala SGST

14-7-2017 Andhra Pradesh SGST

14-7-2017 Cus (NT)

14-7-2017 Cus

13-7-2017 Co. Law

13-7-2017 Co. Law

13-7-2017 ADD

13-7-2017 ADD

12-7-2017 Jammu & Kashmir SGST

12-7-2017 Gujarat SGST

12-7-2017 Gujarat SGST

12-7-2017 CGST Rate

More Notifications


Latest Circulars:

21-7-2017 Goods and Services Tax

20-7-2017 Goods and Services Tax

20-7-2017 Goods and Services Tax

19-7-2017 Goods and Services Tax

19-7-2017 Income Tax

18-7-2017 Customs

17-7-2017 Customs

14-7-2017 Income Tax

13-7-2017 Central Excise

13-7-2017 Customs

More Circulars



|| 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