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rlt079-Part3.pdf
+ rlt079-Part4.pdf
+ rlt079-Part5.pdf
RLT Case Laws Headnotes;
CENTRAL
EXCISE SECTION
2007-TIOL-420-CESTAT-BANG.doc + 37B story.doc
Central Excise - Appeal - Circular issued under Section 37 B of the Central Excise Act is binding on authorities including Commissioner (Appeals) - Not following is judicial indiscipline
: Cestat;
2007-TIOL-418-CESTAT-MUM.doc
Availment of modvat credit – strained relation between CHA and assessee – purported letter admitting diversion of goods - a closer scrutiny of the letter indicates that the matter has been typed on a pre-signed letter head – no independent corroborative evidence that imported scrap diverted to another unit – benefit of doubt to be extended – credit allowed : Cestat;
2007-TIOL-417-CESTAT-DEL.doc
Rejection of refund claim on the ground of unjust enrichment - unit was working under compounded levy scheme and the invoices indicated central excise duty was leviable under compounded levy scheme - rejection of refund upheld
: Cestat;
SERVICE
TAX SECTION
2007-TIOL-416-CESTAT-DEL.doc
ST - Air Travel Agency - Tax and interest paid before issue of SCN - No penalty leviable
: Cestat;
CUSTOMS
SECTION
cusinstruct0450.doc
Clearance of livestock and livestock products; 2007-TIOL-419-CESTAT-MAD.doc + cha.doc
CHA – Function Commissioner of Customs as envisaged under Regulation 9(2) is a quasi-judicial one and has to be discharged accordingly – A quasi-judicial authority cannot delegate its function to a subordinate authority : Cestat;
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