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 Emsons Organics Pvt Ltd Versus Commissioner of Central Excise, Chandigarh-II

Sales tax permissible for deduction for valuation under Central Excise Law - Held that:- In the present case, we find the whole issue cropped up during the course of scrutiny of purchase invoices by the audit party and certain ledger accounts maintained by the appellants. It is not disputed that the present demand arose because of the difference between the sales tax amount collected by the appellant from the buyer and actually paid to the State Government. This is as per a incentive scheme anno .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

bonafide dispute as requires interpretation of valuation provisions and no extended period can be invoked.

Considering the above discussion, we are of the opinion that while the appellants are liable to pay the Central Excise duty as per the valuation determined in the impugned order the demand for extended period cannot be sustained. Accordingly, the penalty on the appellants is also set aside. As such, the appeal is partly allowed in the above terms. - Excise Appeal No. 1131 of 201 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

eedings against the appellant for recovery of Central Excise duty short paid during the period April, 2003 to October, 2008. The first show cause notice dated 04/11/2008 was issued covering period from April 2005 to December 2007; the second show cause notice dated 03/12/2008 was issued covering period from January 2008 to October 2008. The issue in brief is that the appellant have not paid full amount of VAT received on sale of finished goods from the buyer to the sales tax department. They ret .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Anand submitted that on merits the case has been held against the appellant in view of Hon'ble Supreme Court's decision in CCE Jaipur - II vs. Super Synotex (India) Ltd. reported in 2014 (301) E.L.T. 273 (S.C.) . Hence, they are not contesting on the merits of the valuation and consequent demand. The only point of submission made by the learned Counsel is on the time bar aspect of first demand dated 04/11/2008. This demand covered the period from 01/04/2005 to 31/12/2007. The learned Cou .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tly confirmed alongwith penalties. 5. We have heard both the sides and examined appeal records. On the merits of the case, regarding quantum of sales tax permissible for deduction for valuation under Central Excise Law, has been settled by the Hon'ble Supreme Court in the case of CCE, Jaipur - II vs. Super Synotex (India) Ltd. (supra) and in Maruti Suzuki India Ltd. - 2014 (307) E.L.T. 625 (S.C.) . The appellants have no case on merits. This has been admitted by the learned Counsel by the ap .....

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 by the Tribunal in various cases. In fact, the Board also clarified on this issue vide Circulars dated 12/03/1998 and 09/10/2002. In the case of Maruti Udyog Limited vs. CCE, Delhi - III reported in 2004 (166) E.L.T. 360 (Tri. - Del), the Tribunal held that deduction is permissible of the full sales tax chargeable and the fact that there is an adjustment between the assessee and the State Government on payment of sales tax does not change the legal position. In Super Synotex (India) Ltd. vs. 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

Board vide Circulars dated 11/01/1994, 01/07/2002 and 09/10/2002 also issued clarifications. These clarifications were issued after representations from the trade and on due consultation with Ministry of Law etc. 6. The above discussion will show that the deduction of sales tax amount in Central Excise value has been a subject matter of dispute and interpretation during the relevant time. The Hon'ble Apex court settled the matter in the decisions mentioned above. The Hon'ble Supreme Cour .....

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; to the Department, i.e. 25%. Needless to emphasise, the set off shall operate only in respect of the amount that has been paid on the raw material and inputs on which the sales tax/purchase tax has been paid. That being the position the adjudication by the Tribunal is not sustainable. Similarly the determination by the original adjudicating authority requiring the assessees to deposit or pay the whole amount and the consequential imposition of penalty also cannot be held to be defensible" .....

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     ↓  

Notification: Exempt certain supplies to NPCIL.

Notification: Seeks to amend notification No. 12/2017-CT(R) to exempt right to admission to the events organised under FIFA U-17 World Cup 2017

Notification: Seeks to amend notification No. 11/2017-CT(R) to reduce CGST rate on specified supplies of Works Contract Services.

Forum: 3B mistake

Forum: Excise duty credit on finished stock at additional place of business.

Forum: Input tax credit

Forum: Cess paid instead of SGST

Forum: Manpower Service provider

Forum: Construction of single unit bungalow

Forum: Duty Drawback & Input Credit - under GST

Article: SIMPLIFIED E-WAY BILL UNDER GST

Article: SERVICES UNDER REVERSE CHARGE UNDER GST REGIME

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

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

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

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



|| 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