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. Sonia Overseas Pvt. Limited Versus Commissioner of Central Excise & ST, Panchkula

Remission of duty - Rule 21 of Central Excise Rules, 2002 - rejection on the ground of Non filing of remission application by the appellant, Non-filing of quantification of shortages of goods lost in flood, Withdrawal of claim of remission by the appellant, appellant was not due diligent in storing their goods - Held that: - As there is no prescribed proforma for filing application for remission under Rule 21 of Central Excise Rules, 2002, therefore, the letter dated 04.08.2004 is an application .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

olving duty of ₹ 10,30,874/- rejection not valid. - Rejection on the ground of Withdrawal of claim of remission by the appellant - Held that: - In the absence of any evidence on record that remission claim filed by the appellant on 04.08.2004 has been withdrawn, merely on the basis of intent, it cannot be said that appellant has withdrawn the remission claim. Therefore, on that ground remission claim cannot be rejected. - Rejection of remission claim on account of that appellant wa .....

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 time as the duty is payable at the time of clearance of the goods. In that circumstance, it is obvious that the goods which lying in stock are not duty paid and no duty component was involved in the claim of insurance. Therefore, rejection on this ground is also not sustainable. - The remission claim filed by the appellant is correct and appellant is entitled to claim the remission of duty of ₹ 10,30,874/- and is sanctioned - appeal allowed - decided in favor of appellant. - E/2153/2 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ter dated 04.08.2004 wherein they filed application for claiming remission of duty under Rule 21 of Central Excise Rules, 2002. On 05.08.2005, stock taking was conducted and certain shortages were detected. Instead of entertaining the claim of remission of duty, it was alleged that appellant has clandestinely removed the goods. Consequently, a show cause notice was issued to demand duty on the shortage detected on 05.08.2004. The show cause notice was adjudicated and demand of duty along with in .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ause notice was adjudicated and the ld. Commissioner has rejected their claim of remission of duty on the following grounds:- (a) The appellant has not filed claim of remission of duty as per the provisions of Rule 21 of Central Excise Rules, 2002. (b) Quantification of the goods lost in flood has not been provided by the appellant. (c) The appellant was not diligent in storing the goods. (d) The appellant has withdrawn remission application on 07.08.2004. (e) The appellant has not proved the 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

nchkula, wherein it is clearly mentioned that the letter is an application for remission of duty under Rule 21 of Central Excise Rules, 2002. As there is no prescribed proforma for filing application for remission under Rule 21 of Central Excise Rules, 2002, therefore, the letter dated 04.08.2004 is an application for claiming remission of duty under Rule 21 of the Rules. Therefore, on that ground remission claim cannot be rejected. (b) Non-filing of quantification of shortages of goods lost in .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ntrary evidence produced by the Revenue to show that the shortage are not on account of goods lost in flood. In that circumstance, the benefit of doubt goes in favour of the appellant by holding that there was a shortage of goods lost in flood involving duty of ₹ 10,30,874/-. (c) Withdrawal of claim of remission by the appellant. I find that on 07.08.2004, a statement was recorded of the appellant wherein the appellant has stated that they are going to withdraw their remission application .....

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: Absolute Exemption from IGST on inter-State supplies of goods

Notification: CGST Rate Schedule u/s 9(1) - notifying rates of CGST @ 2.5%, 6%, 9%, 14%, 1.5% and 0.125% on Supply of Goods

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

Forum: REGISTRETION

Forum: On what Value tax to be deducted at source (TDS)

Highlight: IGST Rate Schedule u/s 5(1) - notifying rates of IGST @ 5%, 12%, 18%, 28%, 3% and 0.25% on supply of goods. - Notification no. 1/2017 as amended vide notification dated 22-9-2017

Notification: IGST Rate Schedule u/s 5(1) - notifying rates of IGST @ 5%, 12%, 18%, 28%, 3% and 0.25% on supply of goods.

Highlight: National Advisory Committee on Accounting Standards - Tenure of the NACAS extended from one year to two years

Notification: National Advisory Committee on Accounting Standards

Forum: Duty Drawback- Urgent

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 - "subsidiary company" or "subsidiary"

Highlight: Restriction on number of layers for certain classes of holding companies - More than two layers of subsidiaries not allowed subject to certain exceptions.

Forum: GST on RCM on rent in a unregistered state

Forum: COMPOSITION SCHEME

Forum: Input Tax Credit - Reg

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

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

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



|| 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