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 Agrawal Sponge Pvt. Ltd. Versus CCE, Raipur

CENVAT credit - structural items - Held that: - the appellant could not produce any substantial evidence to support their claim that the goods were factually brought to their factory premises and used for manufacturing supporting structures of specified capital goods, their foundation. Consequently, the demand on account of ₹ 55,14,450/- along with interest and equivalent penalty confirmed by the impugned order is hereby sustained. - However, in the case of the remaining amount of Cenv .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

K. Arya, Member (Technical) Ms. Rinky Arora, Advocate - for the appellant Shri M.R. Sharma, D.R. - for the respondent ORDER Per: Ashok K. Arya M/s Agrawal Sponge Pvt. Ltd. is in appeal against the Order-in-Original No.73/2009 dated 29.10.2009 whereunder inter alia the demand of Cenvat credit of ₹ 80,35,002/- along with interest and equivalent penalty against the appellant has been confirmed. 2. Both sides represented by Ms. Rinky Arora, ld. Advocate for the appellant and Shri M.R. Sharma, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

artment asked the assessee to furnish details of the credit availed for the period of April, 2004 to December, 2007. The assessee furnished such details of credit to the department. (iii) The Central Excise officers visited the assessee appellant on 17.7.2006 to conduct certain checks on the availment of Cenvat credit by the assessee. They found that neither invoices nor stock register was available in the factory premises; the records were maintained at the city office at Samta Colony, Raipur. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

₹ 1,08,126/-) had not been brought in the factory. (v) The assessee appellant reversed Cenvat credit of ₹ 55,14,450/- (Rs.54,06,324/- Basic Duty and ₹ 1,08,126/-). (vi) It is mentioned in the Show Cause Notice dated 26.3.2002 issued to the appellant that Director of the assessee Company, Shri R.D. Gupta gave the statement to the Supdt. recorded under Section 14 of the Central Excise Act, 1944 that the assessee reversed Cenvat credit of ₹ 55,14,536/- on 18.7.2006 and he w .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

63,535/-, Education Cess of ₹ 1,53,111/- & Secondary and Higher Education Cess of ₹ 69 only) along with imposition of penalties. (ix) The Show Cause Notice was adjudicated by the impugned order Order-in-Original whereunder inter alia Cenvat credit totalling to ₹ 80,35,102/-(i.e. ₹ 78,81,922/-, education cess of ₹ 1,53,111/-, and SHE cess of ₹ 69/- only) along with interest and equivalent penalty was confirmed. (x) Therefore, the appellant is in appeal befo .....

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 were used for the fabrication of various support Structurals of the specified capital goods, their foundation, forming parts thereof, and that the Oxygen gas was used for cutting of scrap mould scrap etc . 5.1 The appellant assessee has also given the defence that the extended period of limitation under proviso to Section 11A(1) of Central Excise Act, is not applicable in their case. But the impugned order has held that the assessee appellant suppressed the material facts from the department w .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nd written submissions mainly pleads as follows: (i) The assessee does not agree with the statement of Shri Rajput that input goods were not brought to the factory. (ii) The Cenvat credit on steel items is admissible to the appellant for the period prior to 7.7.2009. In support they cite the decisions in the case of M/s Singhal Enterprises Pvt. Ltd. Vs. CCE, Raipur- 2016-TIOL-2451-CESTAT-DEL. and M/s Lafarge India Pvt. Ltd. Vs. CCE, Raipur - 2016-TIOL-2875-CESTAT-DEL. (iii) In case of credit on .....

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: Rate of exchange of conversion of the foreign currency with effect from 22th September, 2017

Forum: Trans1 return

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

Forum: Credit on Repair of Company Car & Its Insurance

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

Forum: Duty Drawback & Input Credit - under GST

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

Highlight: Constitution of National Anti-profiteering Authority (NAA) under GST-reg. - Trade Notice

Highlight: Amendments in Hand Book of Procedures 2015-20 –reg. - Various amendments are made in Chapter-4 of Hand Book of Procedures 2015-2020.

Circular: Constitution of National Anti-profiteering Authority (NAA) under GST-reg.

Highlight: Sharing of expenses - BAS - promotion of business of group companies - sharing of expenditure for common facilities cannot be treated as service by one to another in such arrangement.

News: RBI Reference Rate for US $

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

Circular: Certain Clarifications sought on Construction Services provided in the Real Estate Sector – reg.

News: Anti-dumping duty on import of bus/truck tyres from China

News: Fast-track GST refund, else ₹ 65K cr may be stuck: Exporters

Highlight: It is open to the Settlement Commission to use best judgment in arrival of the figure. Nonetheless it has to explain the manner in which the best judgment figure has been arrived at by the Settlement Commission - HC

Highlight: Deemed dividend u/s 2(22)(e) - advances given to societies - in the absence of legal right of the assessee in the said society the amount advanced cannot be treated as deemed income.

Highlight: When electrical installations are treated as plant and machinery the depreciation has to be allowed @ 25% as per provisions contained u/s 32

TMI Note: Capital Gain - transfer of right in the land or transfer of land itself - addition u/s 50C - Harassment to the honest tax payers

Highlight: Option to avail composition scheme under GST by electronically filing an intimation in FORM GST CMP-02 and FORM GST ITC-03 upto 30-9-2017 - See Rule 3(3A)

TMI Note: Does ICDS apply for the purposes of computing exemption u/s 11 to 13.

Highlight: Voluntary Reporting of Estimated Current Income and Advance Tax Liability - CBDT issues draft notification



|| 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