CENTRAL
EXCISE SECTION
2007-TIOL-13-HC-P&H-CX.doc
+ hc
story.doc
Even
by omission of section 3A of the CEA'44, liability of the assessee
incurred there under is not wiped out;
2007-TIOL-36-CESTAT-DEL.doc
Quantity discount
- the timing of granting quantity discount is not relevant - if
its availability was known to the trade at the time of sale and
also the Revenue through price list it is is good enough to allow
deduction;
2007-TIOL-35-CESTAT-MUM.doc
Shortage
is to the extent of 0.2 % of the total raw material consumed - no
evidence on record to show that the raw material in question has
either been cleared by the appellants clandestinely or has been
consumed in the manufacture of the final products, cleared without
payment of duty - no justification for seeking reversal of modvat
credit - Tribunal decision in Maruti Udyog followed.
Cost Audit report indicating a shortage of raw materials of Rs.33
lakhs is in the form of a Management Information System (MIS) oriented
towards improving the overall performance and efficiency in the
operations of the company. It does not necessarily reflect either
the value of material excess or shortage exclusively on item to
item basis;
2007-TIOL-34-CESTAT-AMH.doc
SSI
unit - Use of brand name not declared - However, brand name always
mentioned in the invoice - Invocation of longer period - Limitation
cannot be invoked merely on the basis of misstatment; misdeclartaion
with an intention to evade duty is important;
SERVICE
TAX SECTION
2007-TIOL-37-CESTAT-DEL.doc
+
st
story.doc
Licensing
"know how" is not service but technical assistance connected
with the know how is consulting Engineer service;
CUSTOMS
SECTION
ctariff07_003.doc
26/2000 amended to substitute entries in List 2 & 3;
ctariff07_002.doc
Import under FTA with Lanka - Rules of origin tightened for many
products;
ctariff07_001.doc
69/2004 amended
to align 8-digit classification;
2007-TIOL-33-CESTAT-BANG.doc
Customs
- Imports - Valuation - The value as prevailing in the country of
origin during the time and place of import is the criteria and not
the retail price as prevalent in India for enhancing the value;
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