Search Results for "MODVAT"

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Search Results for "MODVAT"

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High Court

Bombay High Court Allows Cash Refund of CENVAT Credit Under Section 11B(2) Proviso (c) When Credit Cannot Be Utilized Due to Exempted Final Products. The court held that clause (c) to the proviso of section 11B(2) of the Central Excise Act, 1944 permits cash refund of credit on inputs where the assessee is unable to utilize such credit, overruling the contrary view in Commissioner of Central Excise vs. Jain Vanguard Polybutylene Ltd.

14 Jun 2019

The Full Bench of the Bombay High Court was constituted to resolve a conflict regarding the interpretation of clause (c) to the proviso of section 11B...

High Court

High Court of Bombay Dismisses Revenue's Appeal in Modvat/CENVAT Credit Case — Assessee Entitled to Credit on Moulds Supplied by OEM Without Ownership or Lease. The court held that after the 1994 amendment, Rules 57Q and 57R of Central Excise Rules, 1944 do not require ownership or lease of capital goods for availing credit; use in manufacture is sufficient.

16 Feb 2015

The case involves an appeal by the Commissioner of Central Excise against an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) ...

High Court

Bombay High Court Dismisses Revenue's Appeal in CENVAT Credit Case for Outdoor Catering Services. Outdoor Catering Service Provided to Factory Employees Held as Input Service Under Rule 2(l) of Cenvat Credit Rules, 2004 Due to Statutory Obligation Under Factories Act, 1948.

25 Oct 2010

The Commissioner of Central Excise, Nagpur, appealed against the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) which allowe...

High Court

Bombay High Court Dismisses Revenue's Application, Upholds Modvat Credit for Lancing Pipe as Input. Lancing pipe used for passing oxygen into molten metal is wholly consumed and qualifies as input under Rule 57A of Central Excise Rules, 1944.

15 Jun 2005

The Commissioner of Central Excise, Mumbai VI, filed an application under Central Excise Application No.37 of 2002 before the Bombay High Court seekin...

High Court

Bombay High Court Allows Revenue's Reference on Capital Goods Credit Eligibility Under Rule 57Q of Central Excise Act, 1944. Material handling equipment not used in manufacture or process does not qualify for capital goods credit.

13 Oct 2005

The judgment concerns two reference applications filed by the Revenue under the Central Excise Act, 1944, arising from an order of the Customs Excise ...

Supreme Court

Supreme Court Dismisses Revenue's Appeal, Classifies Car Matting as Carpet Under Chapter 57 of Central Excise Tariff Act, 1985. HSN Explanatory Notes and Specific Description Principle Applied to Hold That Car Matting Is More Specifically Described as Carpet Than as Motor Vehicle Accessory.

1 May 2020

The case involved two appeals by the Commissioner of Central Excise, Delhi-III against a common decision of the Customs Excise & Service Tax Appellate...

High Court

Bombay High Court Allows Revenue's Appeal in Central Excise Penalty Case — Strict Compliance Required for Reduced Penalty Under Section 11AC. The benefit of 25% penalty is available only if duty, interest and reduced penalty are paid within 30 days of the original adjudication order, not the Tribunal's order.

25 Jun 2012

The appeal was filed by the Commissioner of Central Excise against the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) which ...

High Court

Bombay High Court Dismisses Petitioner's Rebate Claim as Time-Barred Under Section 11B of Central Excise Act — Export Date Determines Limitation Period, Filing of ARE-1 Not a Substitute for Rebate Claim.

29 Mar 2012

The petitioner, Everest Flavours Ltd., exported a consignment of 360 drums containing Menthol Crystals to Bangkok on 12 February 2006. The shipping bi...

High Court

High Court of Bombay at Goa Dismisses Revenue's Appeal in Central Excise Case — Limitation Bar Upheld. Show Cause Notice Issued After Six Years Held Time-Barred as Assessee Did Not Suppress Facts.

22 Jun 2011

The Commissioner of Central Excise, Goa, filed an appeal under Section 35G of the Central Excise Act, 1944, against the order of the Customs, Excise a...

High Court

Bombay High Court Allows Raymond Limited's Appeals in Central Excise Cenvat Credit Dispute. Cenvat Credit of AED (T&TA) on Inputs Can Be Utilized for Payment of BED on Final Products.

5 Mar 2015

The appellant, Raymond Limited, is a company manufacturing blankets from woollen fibres. The blankets attract only Basic Excise Duty (BED) and not Add...

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