CENTRAL
EXCISE SECTION
2007-TIOL-1028-CESTAT-DEL.doc + penalty story.doc
Penalty against dealers - facts based on evidence as found by the Appellate Commissioner not rebutted - Revenue appeal dismissed :Cestat;
2007-TIOL-1027-CESTAT-MAD.doc
Central Excise - Interest for delayed fortnightly payments - Superintendent's letters are appealable in nature - Matter remanded to AC/DC for correct quantification of interest to be demanded :Cestat;
2007-TIOL-1026-CESTAT-MUM.doc
Rule 173L of CER'44 - when it is established that duty was paid on both the occasions, refund of one of the duty paid is permissible - Same goods cannot be subjected to duty twice.
Goods cleared to customers returned as they were no longer required - D-3 intimation filed and remark made in RG1 and in form V register - Goods cleared to different customer on payment of duty & refund claim filed under rule 173L - Separate processing of returned goods not necessary - Revenue appeal lacks merits hence rejected. :Cestat;
SERVICE
TAX SECTION
2007-TIOL-1024-CESTAT-MAD.doc
Service Tax - C & F Agent - Valuation - The expenses incurred towards freight reimbursed need not be included and remuneration obtained for the services rendered are required to be added for arriving at value for calculating tax :Cestat;
CUSTOMS
SECTION
2007-TIOL-1025-CESTAT-MUM.doc
D.G.Sets entitled to benefit under notification 21/2002-Cus as they are part of Nuclear power project.
In a matter like setting up of Nuclear Power Plant where uninterrupted power supply is to be ensured so as to prevent any release of radio active material to the environment, D.G.Sets imported for setting up captive power plant have be to be considered as a part of project without which the project cannot be cleared and made operational as per Government of India, Board of Atomic Energy Guidelines - Entitled to benefit under Sr.No.401 of Notification No.21/2002-Cus - Tribunal decision in the case of M/s. Zuari Agro Chemicals Ltd. vs. CC, Goa distinguished - Appeal allowed. :Cestat; |