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Central Excise - Highlights / Catch Notes

Home Highlights April 2016 Year 2016 This

Revenue cannot go beyond to the duties demanded and penalties ...

Central Excise

April 13, 2016

Revenue cannot go beyond to the duties demanded and penalties imposed in the order, if it has not filed any appeal against order in original - AT

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  1. Demanding duty from the firm and penalties were imposed on the firm & partner both - The appeal filed by the firm cannot be considered as joint appeal - AT

  2. Levy of penalty u/s 76 - Power of Commissioner (appeals) to impose penalty - It is found that the impugned order has travelled beyond the OIO because in the OIO, the...

  3. CENVAT Credit - duty paying documents - demand based on audit conducted by the departmental audit team - it was not open to the department to go beyond the proposition...

  4. Demand beyond normal period of limitation - Whether waiver of penalty u/s 80 would mean that no demand can be confirmed beyond the normal period of limitation - stay...

  5. SSI Exemption - fictitious company / dubious company - Penalty to be imposed on original company and no penalty on dubious company - HC

  6. Penalty proceedings - Commissioner is not justified in exercising his suo motu powers to interfere with a discretionary order passed by the original authority to impose...

  7. Valuation of property - stamp duty purposes - Whatever may be the problems suffered by an assessee, in reality, those reasons cannot be permitted to go beyond the scope...

  8. Issuance of Show cause notice beyond normal period of Limitation – recovery of interest on late payment of duty - when no suppression of facts no demand beyond one year - HC

  9. Validity of Direction of the Tribunal to issue fresh SCN - demand beyond the scope of  original SCN - the appeal was filed by the assessee and not the Revenue. The...

  10. Levy of penalty - mandatory penalty u/s 11AC - where demand beyond the normal period of limitation has been dropped there is no case for levy of penalty u/s 11AC - AT

 

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