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Exciseflash

 
 
EXCISE FLASH - HIGHLIGHTS

October - 2008

GIST OF CASE LAWS - EXCISE & CUSTOMS

 

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.

 

CUSTOMS : Section 72 is applicable only when there is improper removal of goods from warehouse.

 

CUSTOMS : Overtime fee not payable for Customs supervision over container stuffing during normal office hours.

 

CENVAT : Cement used for erecting plant/machinery/ equipment is not eligible for credit as a capital goods.

 

CENVAT : Credit cannot be denied if the parts are used in immoveable property.

 

CENVAT : Credit cannot be restricted on the ground that there is subsequent reduction in the assessable value of the inputs supplied

 

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.

 

LITIGATION : First extension of stay order till disposal of appeal is valid beyond 180 days.

 

REFUND : Amount paid by mistake in excess of duty, such amount cannot be termed as duty, limitation period is not applicable, refund allowed.

 

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.

 
GIST OF CASE LAWS - SERVICE TAX

 

CONSULTING ENGINEERING SERVICE : In a case of pure transfer of technical knowhow, no service was provided hence, no tax to be levied.

 

PENALTY : When there is bonafide belief for non payment of Service Tax there is no case for levy of penalty.

 

TAXABILITY : Taxable services received from outside India, No time limit prescribed for availing CENVAT credit .

 

TAXABILITY :  New rate of tax will not apply to contracts entered into before the hike in the rate even for services to be provided after the notification of the new rate.

 
 
 

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