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 OTR Papers Pvt Ltd, Shri Neeraj Jindal, Director, Shri Sameer Garg, Director, Shri Yogesh, Supervisor Versus Commissioner of Central Excise, Customs And Service Tax, Noida

Clandestine removal of goods - shortages in the finished goods - Seeking cross-examination of witnesses who allegedly maintained the log books Held that:- non-examination of the concerned person, whose statements have been relied upon is in violation of Section 9D of the Act, which provides that where any statements are to be relied upon of any person, in any proceedings under the Act, then such person must be examined in the proceedings under the Act, which includes adjudication proceedings. .....

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 provided inspection of documents either relied upon and/or not relied upon, a copy of which, if they have not been given earlier shall be provided. Thereafter, the appellants, if they so desire, can file supplementary reply to the show-cause notice and after hearing the parties, the adjudication order shall be recorded by the authority. Appeal allowed by way of remand - MAs-70041-70044/15, Ex. Appeal Nos.3325-3328/2012 - Final Order Nos. A/70089-70092/2016-DB and Misc. Order Nos. 70098-70101 .....

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 to be given adequate opportunity of hearing and accordingly, remanded the matter with a direction to the Appellant Company to make further deposit of ₹ 20.00 lakhs within four weeks and produce challan before the adjudicating authority and seek opportunity of hearing. It was also observed that the appellants will be entitled to inspect the copy of documents and the relied upon documents and also take the copies and extract thereof, all issues are kept open. 3. In compliance, the Appellan .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tock of 17.13 MT of un-coated kraft paper standard, was found and the shortages of 12.98 MT of un-coated kraft paper grade II was found. It was further found that the assessee Company was not maintaining any stock register of raw materials/cenvatable inputs regarding purchase, consumption or any balances. Physical stock of cenvatable inputs could not be co-related with any book balance, hence, the entire stock of cenvatable inputs and the excess stock of un-coated kraft paper standard was seized .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rial account, after making deductions for items, like, Kachra, mud and other unusable material present in the lot. The appellant stated that the heads of deduction from waste paper received in the factory are as under: (i) Tarkol/Kachra (ii) Moisture (iii) Other deductions. But, the bills for inputs were raised by the supplier of the net quantity of waste paper accepted by the assessee, It appears to Revenue that the assessee Company was willfully reflecting higher quantity and value of other de .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

entries in the log book, it appear to Revenue that only some clearances matched, in large number of instances, no corresponding invoices showing removal of goods was issued by the appellant company. Thus, it appeared that the appellants have clandestinely removed the finished goods, which were excisable without payment of duty. Search was also conducted at the premises of M/s Kalkaji Papers at Kalkaji, Delhi. During search, packing slips were recovered. On the said packing slips, the name of 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

emoval and payment have been made by the said Shri Paras Singhal in cash to the Director, Shri Sameer Garg, of the appellant Company. 5. SCN dated 31.03.2008 was issued proposing to levy duty of ₹ 65,27,331/- on goods removed without payment of duty and ₹ 2,52,924/- was supposed to be demanded on the goods removed to M/s Kalkaji Papers on the basis of packing slips recovered and further penalty was proposed on the Appellant Company as well as its two Directors, Shri Neeraj Jindal and .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tral Excise Rules, 2002 and penalty of ₹ 2.50 lakhs each was imposed on Shri Neeraj Jindal and Shri Sameer Garg, both Directors of the Appellant Company and further penalty of ₹ 75,000/- on Shri Yogesh, Supervisor of the appellant Company, all under Rule 26 of the Central Excise Rules, 2002. 7. The ld.Counsel for the appellants, states that the proper opportunity of hearing have not been granted , inasmuch as the cross examination of the person, the statement of which have been relie .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

2010-11 as regards the computation of duty, culpability of the co-noticees, amount of Central Excise Duties confirmed and the penalties imposed." Accordingly, he prays for setting aside the impugned order with the direction to the ld.Commissioner to provide an adequate opportunity of hearing including cross-examination of the person, whose statements have been relied upon and also from whose premises, documents recovered, have been relied upon. He further states that the Miscellaneous Appli .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

atement of son of the transporter, Shri Mukul Goel, son of Shri Mohan Lal. Shri Mukul Goel, in his statement, available at Exibit-C, has stated that he assisted his father, Shri Mohan Lal, who is proprietor of concern "Shri Mohan Lal Kalicharan", although the entries in the note book/log book are maintained by the driver of the vehicle, but at times, he also makes entries as per information given by the Driver. Further, in the statement, Shri Mukul Goel has stated that his father owns .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

llant's application for cross examination was rejected by the ld.Commissioner vide communication dated 04.06.2012 stating that Shri Mukul Goel, son of Shri Mohan Lal was present at the time of search and he admitted transportation of the goods from the appellant Company and admitted to maintain the log book by the driver and himself. In view of the non-retraction of his statement till date, the statement holds good. Further, the Department has not recorded or relied upon the statement of Shr .....

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: GST on RCM on rent in a unregistered state

Forum: COMPOSITION SCHEME

Forum: Input Tax Credit - Reg

Forum: GST Invoice

Article: Websites of Government Departments need lot of improvement. We are noticing detoriations in them for example, case of website of ITAT.

Highlight: Levy of additions tax u/s 115O on distribution of dividend - shares of its profits declared as distributable among the shareholders is not impressed with the character of the profit from which it reaches the hands of the shareholder - not to be bifurcated as agriculture and non-agriculture dividend - SC

Highlight: Rate of GST on old and scrap buses - 28% or 18% - at such initial tender process initiated by the Respondents-KSRTC, the present petitions filed by the petitioners are premature and misconceived and do not require any interference by this Court at this stage. - HC

Forum: Rent a cab operator

Highlight: In view of amendment made u/s 132A of the Income Tax Act, 1961 by Finance Act of 2017, the 'reason to believe' or 'reason to suspect', as the case may be, shall not be disclosed to any person or any authority or the Appellate Tribunal, SC dismissed the appeal of the assessee

Highlight: Validity of Assessment Order - period of limitation u/s 153 (2A) is applicable even if the entire order was not set aside but matter was remanded back for for limited aspects with directions - HC

News: Note ban was a shake-up, achieved its main objectives

Notification: Amendments in the notification No.5/2017- Integrated Tax (Rate) dated the 28th June, 2017.

Highlight: Levying interest u/s 234C - interest is to be charged on the returned income and not on assessed income.

Highlight: Accrual of income - sale of right to develop and sell incentive FSI under LOI - till the conditions of LOI are fulfilled transfer is not complete and income does not accrue to the assessee

Highlight: TPA - determination of ALP - TP adjustment by applying Bright Line Test (BLT) is not sustainable on protective basis having no statutory mandate.

Highlight: Safeguard Duty - Advance License Scheme - as there is no exemption from safeguard duty leviable under Section 8C, which is imposed on the goods imported from China, the importer has to pay safeguard duty

Highlight: Manufacture - process of cutting of waste plastic container - Such plastic containers before and after cutting are nothing but waste / scrap - Not a manufacturing activity as no new product emerges.

News: NITI Aayog and Govt. of Assam organizes workshop on health sector reforms in Guwahati; launches SATH- Sustainable Action for Transforming Human Capital

Notification: Seeks to amend notification no. 5/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding restriction of refund on corduroy fabrics

Notification: Seeks to amend notification no. 2/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst exemptions

Forum: GSTR 3B Rectification

Notification: seeks to exempt Skimmed milk powder, or concentrated milk

Notification: Seeks to amend notification no. 2/2017- integrated tax(rate) dated 28.06.2017 to give effect to GST council decisions regarding GST exemptions.

Notification: Seeks to amend notification no. 1/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst rates

Notification: Seeks to amend notification no. 1/2017- integrated tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst rates.

News: Notification Issued For GST Actionable Claim On Branded Food Products

Highlight: Classification printed computer stationary/manifold Business Forms - to be classified under Chapter Heading 4820.00 or under Chapter Heading 4901.90 - items like A4 sheets, advertisement and job card to be classified under Chapter 49

Article: RCM Applicability to persons not liable to get registered us 23(1)

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

News: GST Refund - Blockage of Working Capital of Exporters - earlier also there was a normal blockage of funds for a period of 5-6 months at least

News: Clarification about Transition Credit - ₹ 1.27 lakh crore of credit of Central Excise and Service Tax was lying as closing balance as on 30th June, 2017 - claim of credit of ₹ 65,000 crore is not unexpected

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

Article: MISTAKES IN DRAFTING

Highlight: The Customs and Central Excise Duties Drawback Rules, 2017 and All Industry Rates (AIRs) of Drawback related changes -reg. - Circular

Highlight: The definition of "subsidiary company" or "subsidiary" u/s 2(87) of the Companies Act, 2013 shall come into force w.e.f. 20-9-2017

Highlight: Central Government notified the All Industry Rates of Duty Drawback Schedule w.e.f. 1.10.2017 - Notification

Notification: All Industry Rates of Duty Drawback Schedule w.e.f. 1.10.2017

Circular: Investment by Foreign Portfolio Investors in Corporate Debt Securities Review

Notification: Exemptions on supply of services under UTGST Act

Notification: Rates for supply of services under UTGST Act

Notification: Exemptions on supply of services under IGST Act

Notification: Rates for supply of services under IGST Act

Notification: List of Exempted supply of services under the CGST Act

Notification: Rates for supply of services under CGST Act

Highlight: Acceptance of deposits by companies from its members - conditions relaxed in case of Specified IFSC Public company and a private company - Rule 3 amended

Notification: Rate of exchange of conversion of the foreign currency with effect from 8th September, 2017

News: Tax Payers Advised To Confirm Identities Of Income Tax Search Authorities

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

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

Circular: The Customs and Central Excise Duties Drawback Rules, 2017 and All Industry Rates (AIRs) of Drawback related changes -reg.



|| 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