[In the matter of Commissioner of Central Excise, Dehradun v. M/s. Hindustan Zinc Ltd] Date of Hearing/Decision: 01.03.2016 BRIEF FACTS The Department filed an appeal against the order of the Commissioner (Appeals) and raised the legal issue by submitting that the place of removal is the factory gate and the transportation of the final product … Continue reading CENVAT CREDIT OF SERVICE TAX PAID ON THE OUTWARD TRANSPORTATION IS ADMISSIBLE IN CASE SALE IS ON FOR BASIS- CESTAT, DELHI
ADJUSTMENT IS ALLOWED ON FINALISATION OF THE PROVISIONAL ASSESSMENT BY WAY OF NEUTRALISING THE SHORT PAID DUTY WITH THE EXCESS PAID DUTY
[In the matter of M/s. Tafe Motors & Tractors Ltd v. Commissioner of Excise, Jaipur] Date of Hearing/Decision: 02.03.2016 BRIEF FACTS The Appellant is engaged in the manufacture of automotive IC Engine and was working under the provisional assessment for the period 01.04.2006 to 31.03.2007 which was finalized only on 16.11.2007. On finalization of the … Continue reading ADJUSTMENT IS ALLOWED ON FINALISATION OF THE PROVISIONAL ASSESSMENT BY WAY OF NEUTRALISING THE SHORT PAID DUTY WITH THE EXCESS PAID DUTY
COST OF ADVERTISEMENT CANNOT BE ADDED TO THE ASSESSABLE VALUE UNLESS IT IS MANDATORY FOR THE DEALERS AS A CONDITION OF DEALERSHIP TO TAKE ADVERTISING MATERIAL FROM THE MANUFACTURER
[Citation: M/s Rathi Transpower Pvt. Ltd. v. Commissioner of Central Excise, Pune-III] [Date of hearing- February 03, 2016 and date of decision February 10, 2016] BRIEF FACTS The Appellant is engaged in the manufacture of excisable goods and selling the products to various distributors and dealers. The Appellants entered into an agreement with some of … Continue reading COST OF ADVERTISEMENT CANNOT BE ADDED TO THE ASSESSABLE VALUE UNLESS IT IS MANDATORY FOR THE DEALERS AS A CONDITION OF DEALERSHIP TO TAKE ADVERTISING MATERIAL FROM THE MANUFACTURER
SERVICE CHARGES AND OTHER CHARGES PAID TO OVERSEAS SUPPLIER TOWARDS VARIOUS SERVICES WHICH HAVE NO NEXUS WITH IMPORT OF GOODS NOT ADDABLE TO THE TRANSACTION VALUE OF IMPORTED GOODS COVERED IN THEIR APPEALS UNDER RULE 10 (1) (C) OF CUSTOMS VALUATION RULES, 2007- SOUTH ZONAL BENCH, CHENNAI
BRIEF FACTS The Appellant imported machinery i.e. Schwing mobile concrete pump placers from their related supplier. Though both the foreign supplier and the Appellant are related, as per the O-I-O of the Deputy Commissioner of Customs (SVB) dated December 22, 2000, the transaction value was accepted. The Deputy Commissioner also ordered that an amount of … Continue reading SERVICE CHARGES AND OTHER CHARGES PAID TO OVERSEAS SUPPLIER TOWARDS VARIOUS SERVICES WHICH HAVE NO NEXUS WITH IMPORT OF GOODS NOT ADDABLE TO THE TRANSACTION VALUE OF IMPORTED GOODS COVERED IN THEIR APPEALS UNDER RULE 10 (1) (C) OF CUSTOMS VALUATION RULES, 2007- SOUTH ZONAL BENCH, CHENNAI
CLARIFICATIONS ON LEVY IMPOSED ON JEWELLERY
In this year’s Budget, a nominal excise duty of 1% [without input tax credit] and 12.5% [with input tax credit] has been imposed on articles of jewellery. Even for this nominal 1% excise duty, manufacturers are allowed to take credit of input services, which can be utilised for payment of duty on jewellery. Some doubts have … Continue reading CLARIFICATIONS ON LEVY IMPOSED ON JEWELLERY
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