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Detention of the goods and vehicle - stock transfer...
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Highlights / Annotations / Catch Notes For October of 2015
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Showing 101 to 150 of 594 Records
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October 26, 2015
C.Ex.:
Marketability - making of cream within their factory by mixing ingredients like sugar, Vanaspati, milk powder, flavour etc. to be used in the Manufacture of cream...
October 26, 2015
C.Ex.:
Denial of CENVAT Credit - Credit on Coated Pipes (capital goods) used as replacements in a pipeline used for transportation of natural gas from Gail's take off point to...
October 26, 2015
C.Ex.:
Demand of duty on goods manufactured by the Job worker - Assessee received goods under Notification No.214/86 and not returned the same - liability of payment of duty...
October 26, 2015
C.Ex.:
Clandestine removal of goods - pages / records seized during search - onus to prove - Only for the reason that M/s Arhat an unregistered unit issued few invoices under...
October 26, 2015
C.Ex.:
Confiscation of goods - Excess stock found which was not recorded in RG-1 Register - search was conducted as on 10/3/2011 - RG-1 Register was updated only till 28/2/2011...
October 26, 2015
C.Ex.:
Denial of benefit of Notification - wrong mention of notification no. in the declaration - merely because the number of the Notification mentioned in the declaration...
October 26, 2015
C.Ex.:
Failure of the DGFT to pass the orders as per the directions of the Apex Court - No endeavour has been made to seek an extension and for passing an order or taking a...
October 26, 2015
C.Ex.:
Benefit of SSI Exemption - Use of Brand name of others - German company, has assigned the trade mark 'BILZ' in favour of the assessee under Agreement dated 18.06.1996...
October 26, 2015
C.Ex.:
Valuation of goods - Related person and favoured buyer - mutuality of interest - CESTAT was not right in holding that there was no mutuality of interest and, therefore,...
October 26, 2015
S.Tax:
Refund of CENVAT Credit - Export of Services - Revenue denied refund on grounds that it is specifically governed by Notification No.9/2009-ST and appellant should have...
October 26, 2015
S.Tax:
Liability of Service Tax on deemed export of services rendered to sister concern which is 100% EOU – Appellant contends that services provided to sister concern are...
October 24, 2015
S.Tax:
The appellant received consideration on piece rate basis for providing certain fabrication work by deputing workers to the factory – Appellant contends consideration...
October 24, 2015
S.Tax:
Validity of order-in-appeal to deny the refund claim – Review order was passed by the same officer who has passed the OIO - Order-in-Appeal quashed. - matter remanded back - AT
October 24, 2015
S.Tax:
Penalty u/s 76, 77 & 78 - benefit of Section 80 - Bonafides of the respondent are not in doubt. Had he been informed and known about the law, he was always willing to...
October 24, 2015
C.Ex.:
Denial of Input credit - Non maintenance of separate accounts - Only for the reason of non-filing or delayed filing of intimation under sub-rule (3A), as assessee cannot...
October 24, 2015
C.Ex.:
Denial of CENVAT Credit - With effect from 18.08.2000 the appellants could not have utilised the Cenvat credit available for the subsequent period for payment of duty of...
October 24, 2015
C.Ex.:
Valuation - Inclusion of expenditure in developing the art work and plate making charges - If such plates or art work is not being used then we do not find any reason to...
October 24, 2015
C.Ex.:
Transfer of unutilized credit of SAD from one unit to other unit as per the provisions of Rule 10A - The said Rule 10A came into effect from 01.04.2012 and the credit...
October 24, 2015
C.Ex.:
Valuation of goods - Since cost of secondary packing not ordinarily used and given specially at the request of customer, is not includible in the assessable value, the...
October 24, 2015
C.Ex.:
Clandestine removal of goods - the SCN is issued alleging evasion of duty and clandestine removal of goods. Whereas the order passed confirms the demand under wrongful...
October 24, 2015
C.Ex.:
Valuation of goods - whether the amortized value of Tonner/Cylinder supplied to the respondent free of charge by the customer for filling the Liquid Chlorine...
October 24, 2015
C.Ex.:
Availment of Cenvat credit - capital goods not installed in the appellants premises but installed at other units doing Job work - No intimation, No permission from the...
October 24, 2015
Cus.:
Collection of amount under threat without any authority of law - No demand for duty made even after lapse of two years - Amount to be refunded within 6 weeks; in case...
October 24, 2015
Cus.:
Waiver of penalty imposed on deceased husband - Section 147 would not enable the Respondents to recover the penalty; no other section brought to notice of the Court -...
October 24, 2015
Cus.:
Recovery of drawback duty under Rule 16 of Drawback Rules – Respondent assessee made a statement that no All Industry Rate of drawback fixed or existing - Merely making...
October 24, 2015
Cus.:
Clearance of goods under Status Holder Incentive Scheme – titanium sheets are capital goods covered under capital goods definition and same is eligible under SHIS scrip...
October 24, 2015
Cus.:
Refund claim filed by CHA on behalf of importer - Regulation 2 of Customs Refund Application (Form) Regulations, 1995 provides for CHA to file refund claim on behalf of...
October 23, 2015
I.Tax:
Eligibility for deduction u/s 10A - The assessee provides all relevant information and inputs to the AE on behalf of the end customer. The AE is admittedly answerable to...
October 23, 2015
I.Tax:
Attachment of immovable property - Recovery proceedings against the buyer of the property from the defaulter assessee - a person who had taken possession and made...
October 23, 2015
I.Tax:
Claim of bad debts - nature of amount received on settlement - whether towards principal or interest - in view of sections 60 of the Indian Contract Act it is at the...
October 23, 2015
I.Tax:
Penalty u/s 271(1)(c) - transfer of title - diversion of income by overriding title - Once assessee has complied with the terms of the Will and the family arrangement...
October 23, 2015
I.Tax:
Disallowance of depreciation u/s 32 in respect of compensation received - Such a claim cannot be disallowed merely on the ground that assessee had not deducted TDS and...
October 23, 2015
I.Tax:
Disallowance of exemption u/s 54 & 54F - Merely because of the fact that the property purchased is recorded as the asset in the statement of affairs of HUF and the loan...
October 23, 2015
I.Tax:
Revision u/s 263 - The share premium so received was capital receipt not liable to tax during the year under consideration. Necessary enquiries with regard to share...
October 23, 2015
I.Tax:
Where the employee discharges his duties outside India and his stay is beyond the prescribed limit to term him resident, the income earned earned upon such discharge of...
October 23, 2015
I.Tax:
Deduction of interest and salary paid to partners u/s 40b (IV) and 40 b(V) - order u/s 144 - The provisions of section 184(5) of the Act is very clear and according to...
October 23, 2015
I.Tax:
Revision u/s 263 - While allowing benefit of section 11 of the Act, the Assessing Officer is also required to examine whether the conditions prescribed under section 13...
October 23, 2015
S.Tax:
Liability of Service Tax on GTA Services – Transportation of Inputs – They have been told by the consignor as well as the transporter that they should pay the tax -...
October 23, 2015
S.Tax:
Liability of Service Tax – direct service tax liability or not due to reverse charge on recipient of services – Appellant was not distributor of mutual fund or agent...
October 23, 2015
S.Tax:
Refusal for Refund of CENVAT Credit – input services - export of output services - when there is no dispute that credit is admissible on these services and the same is...
October 23, 2015
S.Tax:
Refund claim – Appellant contends that payment of service tax was a mistake; the period of limitation would not apply – Authorities working under Central Excise law are...
October 23, 2015
C.Ex.:
Valuation of goods - manufacturing of recorded audio and video compact discs (RCDs) / production of duplicate CDs - cost of copyrights not to be included in the value - AT
October 23, 2015
C.Ex.:
MRP based Valuation u/s 4A or transaction value u/s 4 - appellant has correctly valued their goods sold to the wholesaler in wholesale packages and valued as per section...
October 23, 2015
C.Ex.:
Valuation of goods - Captive consumption - cost of production - Determination of assessable value - expenses are to be absorbed in cost on the basis of the normal...
October 23, 2015
C.Ex.:
Valuation - Inclusion of cost of advertising - Every amount collected by the manufacturer from the buyer is not includible. Revenue has not been able to establish from...
October 23, 2015
C.Ex.:
Remission of duty - Goods destroyed in fire accident - The, short circuit in electric wire is not in the hand of a man who could avoid such accident. Therefore, it...
October 23, 2015
C.Ex.:
Area based exemption - refund of duty paid in cash - allegation of wrong availing cenvat credit on GTA service - No proceeding was initiated against the denied cenvat...
October 23, 2015
C.Ex.:
Area based exemption - Refund claim of duty paid in cash - there is no indication that value of the inputs cleared as such would be included in the aggregate value of...
October 23, 2015
Cus.:
Levy of Safeguard duty – Import of Patented Premium VAM Top Threaded and Coupled Connection – it would be expedient if the CBEC decides the representation of the...
October 23, 2015
Cus.:
100% EOU - Improper accounting of the imported materials - Relevant provision of Section 72 was not invoked and there was no charge or SCN in support of such demand;...
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