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 Suryaan Transmissions Ltd. Versus Commissioner of Central Excise, Pune-I

Refund claim - duty liability subsequent to clearance of their products - whether sanctioning of the refund will lead to unjust enrichment? - Held that:- Hon'ble High Court in the case of Commissioner of Central Excise, Chandigarh vs. Modi Oil & General Mills (2007 (1) TMI 31 - HIGH COURT , PUNJAB & HARYANA ) had held that any amount paid subsequent to clearance of the goods, the question of unjust enrichment will not apply

The appeal can be disposed of only on the point whether the 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

the adjudicating authority. If that be so, the denial of refund of an amount paid subsequent to clearance of the goods, seems to be inappropriate on the face of the judgment by Hon'ble Bombay High Court in the case of Rockett Engg. Corporation Ltd. (2014 (3) TMI 754 - BOMBAY HIGH COURT ), wherein it has been held that when duty is paid after clearance of goods, on insistence of anti-evasion branch, burden of duty is not passed on to the customers - Decided in favour of assessee - Appeal No. E/1 .....

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 appellant on 8.11.2006 on the direction of Preventive Officer when they visited the factory premises. The Preventive Officer has informed the appellant that they are liable to discharge the duty liability under the provisions of Section 4A for the goods which were reworked or repacked. The adjudicating authority has held that the amount of duty liability which has been debited by the appellant on the goods cleared were not covered on the date of clearance under provisions of Section 4A and the .....

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 had filed certificate from Chartered Accountant, who had audited the records, to the effect that in this case incidence of duty is not passed on. The certificate was disputed by both the lower authorities on the ground that the C.A. certificate has not clearly spelt out that how the view has been arrived by him. 4. The learned Counsel draws attention to the facts of the case and submits that the issue is no more res integra as Hon'ble High Court of Bombay in the case of Commissioner o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

.6.2005 and 4.3.2006. 5. Learned AR would submit that he has filed a written submission which may be considered. In written submission it is submitted that this Tribunal in the case of Hindustan Petroleum Corporation Ltd. Vs. Commissioner of Central Excise, Mumbai - II - 2015 (317) ELT 379 (Tri-Mum) has held that if the duty paid has been shown as expenditure in the Books of account, the same would be treated as expenditure' and not as claim receivable'. It is his submission that they ha .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

oss account then it signifies that the assessee has expensed out the amount in the manufacturing of the final product. It is his submission that duty payment which is shown as expenditure, can be presumed that it has been passed on directly or indirectly. It is his further submission that the appellant though have filed revised balance-sheet with the Income Tax Department showing the amount as receivable in year 2008-09, which is not a case here. On specific query from the Bench as to the judgme .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ve Officers on 8.11.2006. Subsequently, on adjudication, the said demand has been set aside by the adjudicating authority. On a specific query from the bench, learned Counsel submits that the Revenue has not preferred any appeal against such dropping of the demand by the adjudicating authority. If that be so, the denial of refund of an amount paid subsequent to clearance of the goods, seems to be inappropriate on the face of the judgment by Hon'ble Bombay High Court in the case of Rockett En .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

refund claim amount being treated as expenditure in the respondent's Profit and Loss Account, these forming part and parcel of the cost of production, thereby stand recovered from the customers. Therefore, sanctioning of the refund will lead to unjust enrichment. (b) Whether in the facts and circumstances of the case and in law the CESTAT is justified in rejecting the appeal of the Revenue in holding that the bar of unjust enrichment will not apply in the present case, when payment of duty .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

2004 (166) ELT 3(SC) . 3. The issue arising in these appeals is whether the refund of duty deposited during investigation is hit by the doctrine of unjust enrichment. There is no dispute on the assessee respondent being entitled to refund on merits. 4. The Deputy Commissioner of Central Excise upheld the respondent's claim for ₹ 54,339/and ₹ 39,483/on the ground of unjust enrichment. 5. In appeal, the Commissioner of Central Excise (Appeals) held as facts that the respondent asse .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

us, the burden of duty was not passed on to the customer. 7. Learned counsel for the appellant/revenue, however, relies upon the decision of the Apex Court in M/s. Sahakari Khand Udyog Mandal Ltd. v/s. Commissioner of Central Excise and Customs, (181) ELT 328 (SC) and Commissioner of Central Excise, Mumbai v/s. Allied Photographics India Ltd., 2004 (166) ELT 3 (SC) , wherein the Supreme Court laid down that doctrine of 'unjust enrichment' based on equity is invoked to deny a refund to pe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Branch of the Central Excise Department. Thus, it was held that the burden of duty was not passed on to its customers. 9. In view of the above concurrent findings of fact, in our view, no substantial question of law arises from the impugned order of the Tribunal. 10. Accordingly appeals are summarily dismissed. No order as to costs. 6.1 Identical issue was before the Hon'ble High Court of Punjab & Haryana in the case of Modi Oil & General Mills (supra), wherein their Lordships held .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

eposited by the assessee on 25-3-1998 was paid by the assessee from its own pocket. Therefore, the refund was held admissible. It was also found that in cases where duty is paid subsequent to the date of clearance, the presumption under Section 12B of the Act stood rebutted. However, in respect of the month of March, 1998 the deposit of ₹ 1,36,870/- was not refundable as it had been passed on to the buyer. The Revenue approached the CEGAT against the Order-in-Appeal dated 24-7-2001. The CE .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

issioner directed the respondents herein on 16-3-98 to deposit ₹ 10,87,824/-more by 25-3-98 as their duty liability for the material period was ₹ 24,87,592/-. The respondents herein deposited a sum of ₹ 10,87,592/- under protest on 25-3-98 and for the month of March 1998 they deposited ₹ 1,36,670/- on 31-3-98. The Commissioner on 3-3-99 finally determined annual production capacity of the furnace. According to the final capacity the duty amount came to ₹ 58,49,290/- .....

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: Manpower Service provider

Forum: Due date of Filing TRAN-1

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

Forum: 3B mistake

Highlight: Diversion of income at source - Joint venture agreement - 97% of the receipt transfer to M/s TRG Industries (P) Ltd. - scope of the agreement - it is diversion by overriding title - not taxable in the hands of assessee - HC

Highlight: Expenditure on eligible projects or schemes u/s 35AC - After 01.04.2017 the legislature desired to withdraw such deduction. - The Union legislature was competent to introduce such amendment - HC

Highlight: Transfer of trading assets at cost price, the profit component also stood transferred to the outgoing Directors, which otherwise belonged to the Company - the fact that AO has made the addition in the hands of the Directors would not make any difference - additions confirmed - HC

Highlight: The interest u/s 234B of the Act cannot go beyond the stage of S.245D(I) before the Settlement Commission - HC

Highlight: Galvanized iron pipe is a different commercial commodity than a iron pipe, therefore the activity of galvanization in our considered opinion amounts to manufacture - Deduction u/s 80-IB allowed - HC

Highlight: Penalty u/s 271C - non deduction of TDS on interest paid to sister concerns in terms of Section 194A - Levy of penalty confirmed - HC

Highlight: Disallowance of interest - reference to section 179 - The legislature has also recognised, that the doctrine of lifting of veil in the matter of tax dues is to be applied to prevent fraud etc. and not where the company has suffered despite its normal bona fide function. - HC

News: RBI Reference Rate for US $

Notification: Amendment in Notification No. S.O. 3118(E), dated the 3rd October, 2016

Highlight: Discount on ESOP to be allowed as business expenditure u/s 37(1), during the years of vesting on the basis of percentage of vesting during such period, subject to upward or downward adjustment at the time of exercise of option.

Notification: Central Government appoints the 20th September, 2017 as the date on which proviso to clause (87) of section 2 of the Companies Act 2013, shall come into force

Notification: Companies (Restriction on number of layers) Rules, 2017

Highlight: Penalty u/s 271(1)(c) - additional income disclosure - surrender of income post survey u/s 133A - he disclosure made by the assessee is voluntary in nature, in the revised return - no penalty

Highlight: Reopening of assessment - notice u/s 148 issued on the directions of JCIT / CIT - a perusal of reasons for initiating reassessment proceedings clearly show that they are against the sprit of provisions u/s 147

Notification: All Industry Rates of Duty Drawback Schedule

Highlight: MAT - Adjustment to book profit - computation u/clause (f) of Explanation-1 to section 115JB(2) is to be made without resorting to the computation as contemplated u/s 14A r.w.Rule 8D of I.T. Rules.

Notification: The Customs and Central Excise Duties Drawback Rules, 2017

Highlight: Addition on account of alleged suppression of service value received - the addition made simply believing the Form 26AS will be an arbitrary exercise of power which cannot be sustained

Notification: Exempts intra state supply of heavy water and nuclear fuels from DAE to NPCIL

Notification: Seeks to amend notification No. 12/2017-UTT(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- UTT(R) to reduce CGST rate on specified supplies of Works Contract Services

Highlight: Liability to pay duty on import of software - Though no authorization was given by the appellant to DHL, it is an undisputed position that the software has, in fact, been ordered by the appellant and have been delivered to them by DHL - the appellant is to be considered as the importer

Notification: Exempts inter-state supply of heavy water and nuclear fuels from DAE to NPCIL

Notification: Seeks to amend notification No. 09/2017-IT(R) to exempt right to admission to the events organised under FIFA U-17 World Cup 2017

Notification: Seeks to amend notification No. 08/2017-IT(R) to reduce CGST rate on specified supplies of Works Contract Services

Notification: Exempts intra state supply of heavy water and nuclear fuels from DAE 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.

News: Tax on fuel more important for a dry state like Gujarat

Highlight: For an ayurvedic medicine to be classified under Chapter 30 has to pass the test whether it is for cure of any disease. If the same is only meant for care, then such product would not fall under medicament.

Highlight: Demand of interest - the period of limitation that applies to a claim for the principal amount should also apply to the claim of interest thereon.

Highlight: Government issues new notifications under CGST, IGST and UTGST to grant fresh exemptions in respect of certain supplies.

Circular: Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 117 of the Central Goods and Services Tax Rules, 2017

Forum: Input tax credit

Forum: Cess paid instead of SGST

Forum: Construction of single unit bungalow

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



|| 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