CENTRAL
EXCISE SECTION
2007-TIOL-484-CESTAT-KOL.doc + remand story.doc
Not to do an act required by justice on the ground of lack of power, would be manifest injustice - Dismissal of appeal on the ground of non-payment of pre-deposit amount within a specified time without hearing on merits - matter remanded
:Cestat;
2007-TIOL-483-CESTAT-MUM.doc
"Vipul Booster" containing a small quantity of insecticide "Triacontanol" is marketed as plant growth regulator - correctly classifiable under heading 3808.20 & not 3808.10 - Appeal allowed with consequential relief;
Opinion of Experts also favour the view that the product cannot be considered as an Insecticide - Department has not adduced any evidence that the same can function as an Insecticide - Even application to the Central Insecticides Board states that it is a Plant growth regulator:Cestat;
SERVICE
TAX SECTION
2007-TIOL-485-CESTAT-MUM.doc + colgate story.doc
Plea that the services referred to in the inclusive definition of input services under Rule 2(1) of Cenvat Credit Rules need not be used in or in relation to the manufacture of final product is prima facie untenable inasmuch as the services had to be used in or in relation to the manufacture of final product and inclusive definition only suggests that some services may seemingly not appear to be used in relation to the manufacture of final product would nevertheless deemed to be so used.
Once "Input Service" itself has been defined as being service used in or in relation to manufacture of final product, the word "Input Service" wherever it occurs would mean "service used in or in relation to manufacture of final product" and not otherwise - rule 6 of Cenvat Credit Rules, 2004.
Pre-deposit ordered of Rs.50 lakhs for getting Stay:Cestat; 2007-TIOL-481-CESTAT-BANG.doc
Service Tax - The amounts shown as due in IT returns cannot be the basis for confirming service tax as service tax has to be levied on the amounts already received the demands are not time barred - Matter remanded to original Authority for re-confirmation of service tax
:Cestat;
CUSTOMS
SECTION
dgft06pn093.doc
DGFT amends jurisdiction of Jt DGFT in various
states;
2007-TIOL-56-SC-CUS.doc + sc story
Merely because two parties are related to each other will not amount to undervaluation per se - it will depend on facts and circumstances of each individual case - Matter remanded for examination of facts
:SC;
2007-TIOL-482-CESTAT-MAD.doc
Customs - Exemption - compressor being part of ground power unit is a part of aero plane and eligible for benefit of exemption:Cestat;
|