HC
directs reversal of input credit against clearance of aluminium castings under
claim of duty remission by buyer for use in specific industrial process, in
terms of Chapter X r/w Rule 57C of Central Excise Rules 1944; Notes
Adjudicating Authority’s finding that assessee was reversing credit initially
but resorted to jugglery subsequently, and since goods cleared under Chapter X
procedure had not suffered any duty payment, MODVAT credit was reversible;
Rejects assessee’s contention that choice of buyer to either claim MODVAT
credit of duty paid or claim remission doesn’t make the goods exempt or
chargeable to nil rate of duty; Relies on Kirloskar Oil Engines decision
wherein it was held that MODVAT Credit in respect of inputs, which have been
used in manufacture of final product that is fully exempted from whole of
excise duty, is not available; States that since assessee had cleared goods
without payment of duty, the case was covered by aforesaid decision, thus
credit taken on aluminium ingots (inputs) was incorrect : Bombay HC
Subscribe to:
Post Comments (Atom)
SC holds extended period cannot be invoked if allegations are not justified in the show cause notice issued under section 74
This Tax Alert summarizes a recent judgement of the Supreme Court (SC) [1] on whether a show cause notice (SCN) under Section 74 of the ...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
THE issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
"whether tds should be deducted u/s 194C for payment made to travel agent for booking of airline tickets by a company for its employee...
-
Any tax, interest, penalty, fine or any other sum payable by virtue of an order passed under the Income Tax Act as specified in the ...
-
This Tax Alert summarizes a recent ruling of the Karnataka High Court (HC) [1] on the constitutional validity of Health Security se Natio...
-
This Tax Alert summarizes a recent ruling of the Delhi High Court (HC) [1] on whether the newly introduced pre-deposit requirement for fi...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
The India-Mauritius DTAA, which entered into force on 1 April 1983, was amended by way of Protocol signed on 10 May 2016 [1] (2016 Protoc...
-
This Tax Alert summarizes a recent ruling of the Gujarat High Court (HC)1 on the taxability of corporate guarantee provided by the Petitio...
No comments:
Post a Comment