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CENTRAL
EXCISE SECTION
2007-TIOL-458-CESTAT-BANG.doc
Central
Excise - Appeal - When the authorisation to file an appeal against
OIA given by Commissioner under Section 35 B(2) does not bear
his opinion that the OIA is not legal and proper the appeal is
not sustainable;
2007-TIOL-454-CESTAT-DEL.doc
Penalty
equal to duty under Section 11 AC of the Central Excise Act -
Duty paid on goods found short - penalty is only equal to 25%
of the duty under the first proviso to Section 11 AC;
2007-TIOL-453-CESTAT-DEL.doc
Cenvat credit - with regard to the parts, components
and accessories, their classification is not relevant for deciding
the eligibility for credit as capital goods;
SERVICE
TAX SECTION
2007-TIOL-456-CESTAT-BANG.doc
Service
Tax - Penalty under Section 76 cannot be imposed pertaining to
the period prior to its introduction - Commissioner (Appeals)
order is right;
2007-TIOL-451-CESTAT-BANG.doc
Service
Tax - Consulting Engineering Services vis-à-vis
Scientific and Technical Consulting Services - Technical know how
services become liable for Service Tax only from 16.8.2002;
CUSTOMS
SECTION
2007-TIOL-455-CESTAT-DEL.doc + sample story.doc
Chemical
Examiners report inconclusive and vague - Remnant samples to
be retested;
2007-TIOL-457-CESTAT-DEL.doc
Customs - non filing of the reconciliation statement
under clause 7 of the project import regulations 1986 - it is erroneous
to attach equal importance to the non-observance of all conditions,
irrespective of the purpose they were intended to serve - assessments
to be finalized under project import scheme; 2007-TIOL-452-CESTAT-MUM.doc
Appellant
acting as an Indenting agent on commission basis & not a direct gainer of duty being evaded by principal – Penalty
u/s 112(a) of Customs Act, 1962 reduced; |