CENTRAL
EXCISE SECTION
2007-TIOL-130-HC-MAD-CX.doc
Central
Excise - Valuation - Search conducted and demand raised - Assessee
participates in adjudication proceedings - Also files appeal before
CEGAT - Matter referred to Third Member - Meanwhile writ filed -
Since even before the tribunal comes out with an enforceable order,
a writ was filed and tribunal's proceedings were stalled during
the 10-year pendency of the case, petition dismissed;
2007-TIOL-374-CESTAT-MUM.doc
No
legal provisions exist for filing of cross objections before Commissioner(A)
in Central Excise (Appeals) Rules, 2001 unlike CESTAT Procedure
Rules 15 & 15A – Commissioner(A)’s order that Memorandum
of Cross objections filed before him is not maintainable in law
proper;
2007-TIOL-373-CESTAT-BANG.doc
Central Excise - Demand - Backing cloth - The demand
of ADE (GSI) or that of BED is not sustainable in law for want of
Show cause notice for the purpose;
2007-TIOL-372-CESTAT-MAD.doc
Central
Excise - Valuation - Cost of advertisement expenses incurred by
the dealers and reimbursement to them by the assessee not includible
in the assessable value of the goods;
SERVICE
TAX SECTION
2007-TIOL-370-CESTAT-DEL.doc
Assessee
is PSU - Deposits tax and files return in time but fails to take
into account the hiked rate of tax on air travel - On being pointed
out the differential tax deposited immediately - Since it is a govt
owned agency, and the error was bona fide, penalty not called for;
2007-TIOL-369-CESTAT-BANG.doc
Service
Tax – Engineering consultant - Service Tax is not liable to
be paid for the advice received from foreign consultant in view
of the settled decisions - stay granted;
CUSTOMS
SECTION
2007-TIOL-38-SC-Cofeposa.doc
+ sc
story.doc
Detention
under COFEPOSA – government’s inaction in considering
the detenu’s representation is infringement of guaranteed
right of the detenu but does not render initial order of detention
void ab initio – can be proceeded against under SAFEMA;
2007-TIOL-371-CESTAT-MAD.doc
Customs
- Exemption - compressor being part of ground power unit is a part
of aero plane and eligible for benefit of exemption; |