rlt078-Part9.pdf
RLT
Case law headnote;
CENTRAL
EXCISE SECTION
2007-TIOL-284-CESTAT-MUM.doc
Proceedings
initiated for recovery of modvat credit u/r 57I after substitution
by Cenvat Rules are not saved by Section 38A of the CEA’44
2007-TIOL-282-CESTAT-DEL.doc
+ scn
story.doc
Confirmation
of demand cannot traverse beyond the allegations in show cause notice;
2007-TIOL-281-CESTAT-MUM.doc
Refund
of pre-deposit – Remand ordered by Tribunal to determine the
overall value of clearance for computation of SSI exemption –
Commissioner deciding the case on 18.4.2000 – since refund
of pre-deposit granted within 3 months of the date of this order,
the question of entitlement for interest does not arise;
Board Circular dated 2.1.2002 relied upon by appellant is misplaced
– it does not stipulate that the amount is to be paid within
3 months from the date when the case is remanded for fresh adjudication;
2007-TIOL-280-CESTAT-MUM.doc
Amount
of refund can be adjusted against Government dues u/s 11 of the
CEA’44;
SERVICE
TAX SECTION
2007-TIOL-283-CESTAT-DEL.doc
ST - Consulting Engineer Service
- Demand raised for period June 2001 to August 2003 - Assessee argues
levy during this period was on engineering firm and professionals
and not manufacturer - Stay granted;
CUSTOMS
SECTION
ctariff07_035.doc
CBEC
reduces import tariff on woven fabrics to 10 %;
2007-TIOL-285-CESTAT-DEL.doc
+ anju
story.doc
Illegal
seizure in 1991 – widow of the victim wins the case in Tribunal
after 15 years – As per Board circular only Assistant Commissioner
could seize silver – Seizure by Superintendent not valid;
2007-TIOL-279-CESTAT-MUM.doc
Un-authorized
export of Indian & foreign currencies booked at different post
offices post Bombay bomb blasts – Connivance of the staff
of postal department – imposition of penalty upheld but reduced
considering the gravities of their role played and financial condition; |