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Central Excise - Highlights / Catch Notes

Home Highlights August 2018 Year 2018 This

The Commissioner(Appeals) has allowed the appeals of the ...

Central Excise

August 31, 2018

The Commissioner(Appeals) has allowed the appeals of the appellant on merits but still remanded the matter back to the original adjudicating authority for de novo adjudication which is not legally justified because the Revenue has not filed appeal against the impugned order on merit.

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  1. Rejection of rebate claim - original and duplicate copy of ARE1 for the goods exported not submitted - original and duplicate copy of ARE1 lost in transit - matter...

  2. Denial of claim of deduction u/s 54F of the Act – Construction completed prior to sale of original asset - matter remanded back for re-verification of facts - AT

  3. Violation of principle of natural justice - Relied upon documents by Revenue in the order-in-original were not provided to appellants - matter remanded back - AT

  4. Refund claim of service tax paid on terminal handling charges - period of limitation - matter remanded back to allow the benefit - AT

  5. Whether in exercise of powers u/s 35C of the Act and while remanding the matter back to the original adjudicating authority, the Appellate Tribunal can issue direction...

  6. Supply or not - Natural bundling of services - specified medical instruments by the Applicant to unrelated parties like hospital(s), Lab (s), for uses without any...

  7. TCS u/s 206C - TCS & interest liability where the buyer has paid the taxes - sale of ship-breaking scrap against delcaration in Form no. 27C - matter remanded back to...

  8. TCS u/s 206C - sale of forest produce, not being timber or tendu leaves - waiver from collection of TCS - matter remanded back for reconsideration - AT

  9. Secret commission to promote business disallowed u/s 37(1) – Genuineness and quantum of deductions - matter remanded back for verificatioin - HC

  10. No deduction of tax certificate u/s 197 - No reasons were assigned as to why the application of the petitioner has been rejected - matter remanded back for re-consideration - HC

 

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