Excise duty
Old/Used Lead Acid Batteries recovered from ship not exigible to central excise duty: CESTAT
The appellant was not registered with Gujarat Pollution Control Board for processing goods like Lead Acid Batteries and so they were clearing these goods to their buyers who had license from Pollution Control Board to process old/used Lead Acid Batteries for extraction of lead scrap.
‘Mere tallying of certain entries does not make loose sheets as complete evidence of purchases and sales’: CESTAT sets aside excise duty demand
Even if the figures in the document are hypothetically taken to be correct figures, still the same must be proved with corroborative evidence otherwise the document becomes irrelevant.
Missing liquor stock case | MP High Court rejects Senior Advocate’s unconditional apology for ‘causing ruckus’ in Court
When the Court asked the Senior Advocate about the presence of respondent 5 in Court, instead of responding to the query, he created a ruckus in the Court by shouting at top of his voice, which is recorded in the live-streamed recording of the Court.
Missing liquor stock case | MP High Court refers matter regarding Senior Advocate’s designation before Full Court due to misconduct in Court
When the Court asked the Senior Advocate about the presence of respondent 5 in Court, instead of responding to the query, he created a ruckus in the Court by shouting at top of his voice, which is recorded in the live-streamed recording of the Court.
MP High Court seeks State’s response over accountability for missing liquor stock allegedly handed over in panchnama
The question regarding State’s accountability for missing liquor stock is not a mere contractual dispute
High Fuel Prices in India — Should Petroleum Products be Brought under the GST Regime?
by Nilanjan Sen*, Sumeir Ahuja**, Shubhamay Dutta*** and Agrani Bhati****
‘Cheeselings’ manufactured by Parle Products Pvt Ltd is a peculiar indigenous preparation; classifiable as ‘namkeen’: CESTAT
‘Namkeen’ has not been defined either contextually in the notification or as a separate nomenclature in the tariff under Schedule to Central Excise Tariff Act, 1985. Therefore, the Tribunal opined that the adjudicating authority had erred in concluding that the impugned goods were not ‘namkeen’.
Kopiko is classifiable as ‘sugar confectionery not containing cocoa’ under Central Excise Tariff Act, 1985; basis of product is sugar, glucose and not coffee: CESTAT
Kopiko contained flavour coffee to the extent of 1.57 %, whereas the majority ingredients were refined sugar 33.06%, liquid glucose 41.41%, other ingredients constitute to 11.81% and water at the rate of 12.5%.
High Court’s jurisdiction specifically excluded under Section 35G of Central Excise Act: Jharkhand HC
Jharkhand High Court said that one of the issues involved relates to determination of valuation of excisable goods and/or rate of duty of excisable goods, amongst other things, for the purpose of assessment.
Supreme Court| Invocation of incorrect methodology for arriving at assessable value is immaterial to show cause notice’s validity, provided that the power itself existed
Supreme Court held that the CBEC circular was not contrary to the intent of the Central Excise Act and Rules. Thus, the show cause notice is not defective and unenforceable. However, the order of the Commissioner regarding the value of the goods sold to the Assessee’s sister concerns is in consonance with the Court’s earlier judgments and CBEC Circular.
CESTAT | Whether credit of Excise Duty/Additional Customs Duty (CVD) on inputs and capital goods and credit of Service Tax paid on input services which have been used for construction of Mall, further used/usable for providing taxable output service admissible? Tribunal answers
Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta (President) and P. Anjani Kumar (Technical Member), partly allowed
Exemption from payment of excise duty must be followed by a reversal of 6% of the value of exempted goods or maintenance of separate account of inputs and credits
Customs, Excise and Service Tax Appellate Tribunal (CESTAT): A Division bench comprising of C.L. Mahar (Technical) and Ajay Sharma (Judicial), Members. upheld
Complete dismantling and further re-making amounts to manufacture; appellant was not required to reverse Cenvat credit under Section 16(2) of Central Excise Rules: CESTAT
Customs, Excise & Service Tax Appellate Tribunal (CESTAT): A Division Bench comprising of Ashok Jindal Member (Judicial) and Anil G. Shakkarwar Member
Mega exemption Notification No. 12/2012 CE, amended
The mega exemption Notification No. 12/2012 CE dated 17 March, 2012 has been amended. The important changes are: Excise duty on manufacture