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Alpha Infravision Pvt Ltd Versus Union of India & Another

2016 (6) TMI 359 - DELHI HIGH COURT

Imposition of penalty by the Settlement Commission - Job work activity undertaken by the Petitioner - Paying service tax for the said period - department took the stand that the job work activity undertaken by the Petitioner amounts to manufacture an .....

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itioner acted bona fide on the advice of the Service Tax Department and initially got itself registered with the said Department. Later, again on the insistence of the Excise Department, the Petitioner got registered under the CE Act. There was no at .....

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ed to the Petitioner within one month from today. - Petition disposed of - W. P. (C) 1013/2016 - Dated:- 10-5-2016 - S. Muralidhar And Vibhu Bakhru, JJ. For the Petitioner : Mr. V. S. Negi, Advocate For the Respondent : Mr. Dev P. Bhardwaj, CGSC for .....

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mission') to the extent that it imposed a penalty of ₹ 30,000 on the Petitioner. 2. The Petitioner was manufacturing ready mixed concrete on job work basis from April 2013 onwards. It is stated that as per the advice of the Service Tax Depa .....

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ivity undertaken by the Petitioner amounts to manufacture and not service and that the Petitioner was required to pay excise duty. The Petitioner then got itself registered under Central Excise Act, 1944 ('CE Act') on 17th January 2014. This .....

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sion which by the impugned order dated 22nd September 2015 has determined the central excise duty payable by the Petitioner at ₹ 9,43,5790. The excess payment of ₹ 2,94,215 was ordered to be refunded. The penalty amount and interest paid .....

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