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 →

Bharat Forge Ltd. Versus Commissioner of Customs, Mumbai

Cenvat credit on the quantity of Dies Block - according to the Department, Dies Block, were used exclusively in the manufacture of exempted goods viz. “Aluminium Road Wheels” and cleared without payment of duty to the defence establishment in terms of Notification No. 4/2006-C.E. - Held that:- the invoices No. 90073912 and 90076768 were indicating discharge of Central Excise duty @ 14% for the clearance of the final products manufactured out of “Die” No. 08008D when final goods were cleared as 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

.V. Ravindran, Member (J) Ms. Padmavati Patil, Advocate, for the Appellant. Shri Ashutosh Nath, Assistant Commissioner (AR), for the Respondent. ORDER These appeals are directed against Orders-in-Appeal No. P.III/VM/100/09, dated 16-7-2009 and P.III/VM/63/10, dated 29-3-2010. 2. The issue involved in these cases is regarding the eligibility to avail Cenvat credit on the quantity of Dies Block which were consumed in the manufacture of Dies which were used, according to the Department, exclus .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

sp;Learned Counsel would submit that the Dies Block which was used as an input on which Central Excise duty is paid. It is her submission that by utilizing the said Dies Block , the appellant manufacture Die which are further used for manufacturing of Aluminium Road Wheels . It is her submission that Dies are exempted by Notification No. 67/95 and Aluminium Road Wheels which was manufactured and cleared to defence establishment on payment of duty if they are cleared as spares and without payment .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

appellant during earlier hearing were sent for verification and the report is already filed which indicates that appellant had used the Dies for; manufacture of Aluminium Road Wheels which are exempted is a wrong findings of the report of the lower authorities. It is her submission that in the appellant s own case, vide Order No. PIII/401/05, dated 17-11-2005, the issue is settled by the Commissioner (Appeals) in their favour and the said order-in-appeal has not contested by the department. 4.&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

t was filed by the authorities on 1-12-2014 and is on record. He would submit that the invoice which was prepared by the appellant in that case is a different Dies Block No. He would submit that in the engineering field a little change in the Die and Dies Block will amount to a new Die and Dies Block . Hence the Cenvat credit denied to the appellant is correct. 5. I have considered the submissions made at length by both the sides and perused the records. 6. The issue involved in this 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

fit of Notification No. 4/2006-C.E. It is also undisputed that the Dies and Machines are eligible capital goods, for availment of Cenvat credit of the Central Excise duty paid. The inputs which are going into manufacture of such Dies and Machines are also eligible to be availed as Cenvat credit inasmuch, that the Dies are used for manufacture of final product within the factory premises. The entire findings of the lower authorises in this case for denial of Cenvat credit on the Die is based upon .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

1, dated 22-9-2008 for clearance of the same final product manufactured out of common Die without payment of duty. I find that as and when the goods are cleared as original equipment for tanks and other armoured fighting vehicles, duty liability is not discharged and benefit of Notification No. 4/2006-C.E. is availed and the very same goods when cleared as spares for same vehicles and Tanks they discharged duty liability. Bench had directed the lower authorities to verify the claim and the repor .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

The Assistant Commissioner (A.R.), CESTAT, Mumbai. 3rd & 4th Floor, Jai Centre, P.D. Mello Road, Masjid (East), Mumbai 400 009. Sir, Sub :- Appeal No. E/890/10 filed by Bharat Forge v. CCE, Pune-III reg. - ……………………………………………………………………… Please refer to CESTAT letter Appeal No. E/890/10-Mum/1032, dated 3-11-20 .....

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     ↓  

Highlight: Rate of exchange of conversion of the foreign currency with effect from 22th September, 2017 - Notification

Highlight: Companies (Acceptance of Deposits) Second Amendment Rules, 2017 - Notification

Highlight: Implementing Electronic Sealing for containers by exporters under self-sealing procedure prescribed by Circular 26/2017-Cus dated 1st July, 2017 and Circular 36/2017 dated 28 th August, 2017. — reg. - Circular

Highlight: Amendment to Paragraph 2.72 (b) of the Handbook of Procedures of the Foreign Trade Policy (FTP) 2015-20 - Public Notice

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

Circular: Amendment to Paragraph 2.72 (b) of the Handbook of Procedures of the Foreign Trade Policy (FTP) 2015-20

Notification: Companies (Acceptance of Deposits) Second Amendment Rules, 2017

Notification: Rate of exchange of conversion of the foreign currency with effect from 22th September, 2017

Forum: Trans1 return

News: Exchange Rate of Foreign Currency Relating To Imported and Export Goods Notified

Forum: Credit on Repair of Company Car & Its Insurance

Circular: Promote the officers of the Indian Revenue Service (Customs and Central Excise) to the grade of Principal commissioner of customs, GST & CX

Circular: Allocate the charges amongst the Members of the Central Board of Excise and Customs

Circular: Strategy for audits in 2017-18 consequent to GST - Audit by Central Excise and service Department to continue for the accounting year 2016-17 and for the past period

Circular: Appoint the IRS (C&CE) officers as Principal Commissioner (Revision Application) and ex-officio Additional Secretary

Circular: Time limit for filing intimation for composition levy under Rule 3(1) of the CGST Rules, 2017 extended to 16-8-2017

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

Circular: C.B.E. & C. Advisory on Customs related matters on introduction of Goods and Services Tax regime

Circular: List of Reduced Tax Liabilities under GST regime in comparison to present combined Indirect Tax rates

Circular: Works Contract for construction of Flats, Complex — Builders to pass on GST benefit to buyer otherwise anti-profiteering provisions of Section 171 of GST Act to apply

Circular: Clarification regarding applicability of section 16 of the IGST Act, 2017, relating to zero rated supply for the purpose of Compensation Cess on exports – Regarding.

Circular: Clarification on Inter-state movement of various modes of conveyance, carrying goods or passengers or for repairs and maintenance- regarding

Forum: Duty Drawback & Input Credit - under GST

News: RBI Reference Rate for US $

Highlight: Addition u/s 23(1)(a) - deemed rent - once the property is let out and at any point of time this remained vacant during the same cannot be brought to tax under the head House properties income.

News: Haryana constitutes screening committee on anti-profiteering

Highlight: Valuation of imported goods - it is necessary to re-examine the matter of both license agreement as well as supply contract simultaneously, to see if the enhanced royalty was in the guise of adjustment of the price of components.

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

Highlight: Cenvat credit availed on Club Membership for the Director is not admissible as it cannot be said to be remotely connected with the activity of manufacture

Circular: Amendments in Hand Book of Procedures 2015-20 –reg.

News: Jaitley asks biz not to wait till last day to file GST returns

Circular: Implementing Electronic Sealing for containers by exporters under self-sealing procedure prescribed by Circular 26/2017-Cus dated 1st July, 2017 and Circular 36/2017 dated 28 th August, 2017. — reg.

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

Article: ‘DUTY DRAWBACK’ CANNOT BE EQUATED WITH ‘REBATE OF DUTY’

Highlight: Notification regarding GST rate for branded cereal, pulses and flour

News: Notification regarding GST rate for branded cereal, pulses and flour

Highlight: Anti-dumping duty on import of bus/truck tyres from China

Highlight: Cabinet approves Extension of time period of the Scheme "Special Industry Initiative for J&K" (Sll J&K) - Udaan

Highlight: Non-payment of service tax - maintenance and repair charges - appellants had knowingly and deliberately shown the repair charges as job work charges to mislead about their taxability - demand confirmed.

Highlight: BAS - execution of the project of smart card for vehicle registration – implementing the SOC-VRC project - The fact that the Government has outsourced some part of the work and paid certain consideration for such outsourced work, does not make the activity subject to service tax.

News: Cabinet approves Extension of time period of the Scheme "Special Industry Initiative for J&K" (Sll J&K) - Udaan

Highlight: Constitution of National Anti-profiteering Authority (NAA) under GST-reg. - Trade Notice

Highlight: Amendments in Hand Book of Procedures 2015-20 –reg. - Various amendments are made in Chapter-4 of Hand Book of Procedures 2015-2020.

Circular: Constitution of National Anti-profiteering Authority (NAA) under GST-reg.

Highlight: Sharing of expenses - BAS - promotion of business of group companies - sharing of expenditure for common facilities cannot be treated as service by one to another in such arrangement.

News: RBI Reference Rate for US $

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

Circular: Certain Clarifications sought on Construction Services provided in the Real Estate Sector – reg.

News: Anti-dumping duty on import of bus/truck tyres from China

News: Fast-track GST refund, else ₹ 65K cr may be stuck: Exporters



|| 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