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EXCISE
FLASH - HIGHLIGHTS |
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October - 2008 |
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GIST OF
CASE LAWS - EXCISE & CUSTOMS |
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CUSTOMS
: Value of consignment assessed and cleared for the
export cannot be revised much after export of the
consignment. Commissioner of Customs not competent to
curtail DEPB credit allowed by DGFT. |
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CUSTOMS
: Section 72 is applicable only when there is improper
removal of goods from warehouse. |
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CUSTOMS
: Overtime fee not payable for Customs supervision over
container stuffing during normal office hours. |
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CENVAT
: Cement used for erecting plant/machinery/ equipment is
not eligible for credit as a capital goods. |
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CENVAT
: Credit cannot be denied if the parts are used in
immoveable property. |
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CENVAT
: Credit cannot be restricted
on the ground that there is subsequent reduction in the
assessable value of the inputs supplied |
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LITIGATION
: Order sent by speed post and not returned
undelivered, deemed to have been served on addressee,
though actual proof of delivery is not produced. |
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LITIGATION
: First extension of stay order till disposal of appeal
is valid beyond 180 days. |
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REFUND
: Amount paid by mistake in excess of duty, such amount
cannot be termed as duty, limitation period is not
applicable, refund allowed. |
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REFUND
: Refund of unutilized credit under Rule 5 cannot be
denied on the ground that the activity undertaken on
goods exported does not amount to manufacture. |
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GIST OF
CASE LAWS - SERVICE TAX |
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CONSULTING ENGINEERING SERVICE
: In a case of pure transfer of technical knowhow, no
service was provided hence, no tax to be levied. |
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PENALTY
: When there is bonafide belief for non payment of
Service Tax there is no case for levy of penalty. |
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TAXABILITY
: Taxable services received from outside India, No time
limit prescribed for availing CENVAT credit . |
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