order.doc
Five
Members appointed for Settlement Commission for Customs & Excise;
CENTRAL
EXCISE SECTION
2007-TIOL-71-SC-CX.doc + sc story.doc
Plastic name plates for motor vehicles fall under Chapter 87 and 39: SC; 2007-TIOL-567-CESTAT-KOL.doc + gupta story.doc
Committee of Commissioners - One Commissioner wearing two hats cannot constitute committee:Cestat; 2007-TIOL-565-CESTAT-DEL.doc
Rail scrap - Clandestine removal - No evidence collected but the assessee produced sale deed for rail scrap and not finished goods - Demand set aside
:Cestat;
2007-TIOL-564-CESTAT-AHM.doc
Central Excise - clandestine removal of goods - Commissioner (Appeals) order setting aside the duty demand and penalty on the ground that there is no inquiry has been conducted is not correct- admitted facts need not be proved - Order -In-Original restored to the extent of duty demand and penalty :Cestat;
2007-TIOL-561-CESTAT-BANG.doc
Central Excise - Pre-deposit under Section 35 F - Taking of suomoto credit of pre-deposit made is allowable - Disagreement with the Tribunal's ruling is clear case of Judicial indiscipline :Cestat;
SERVICE
TAX SECTION
letter_comm_st.doc
Issuance
of show-cause notices for non-filing of returns; Board asks field
to allow de-registration of small service providers;
2007-TIOL-566-CESTAT-MUM.doc + st story.doc
Once the Service Tax amount is being collected from customers, it cannot be said that there is a financial problem in paying the amount to the department - penalty enhanced :Cestat;
2007-TIOL-562-CESTAT-DEL.doc
Service Tax - There is no reason to levy penalty on assessees for delay in payment of service tax when an Amnesty Scheme was introduced by the Board to help assessees comply with the service tax law in 2004 :Cestat;
CUSTOMS
SECTION
2007-TIOL-563-CESTAT-AHM.doc
Seizure of gold bars - Appellants produce documents in relation to licit possession - Statements of traders in the chain recorded - Absolute confiscation and penalty ordered on ground that the payments were not yet made - Commercial practice cannot determine legality of imported items - Since the appellants have authentic invoices, confiscation set aside
:Cestat;
2007-TIOL-560-CESTAT-DEL.doc
Import of sun control / dust control film - Consignment declared as polyester films - Re-export allowed but redemption fine and penalty imposed - Assessee argues against imposition of redemption fine - Redemption fine and penalty are imposed under different Sections of the Customs and both can be imposed together - No reduction in redemption fine can be allowed as the offending goods attracted anti-dumping duty also :Cestat;
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