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Taxation Judgments and Orders

Section 11A of the Central Excise Act, 1944

 15 November 2010

M/s. Aurangabad Electricals Ltd. (for short ‘M/s. Aurangabad EL’) are appellants in this civil appeal. They are engaged in the manufacture of Motor Vehicle Parts namely ‘Magneto Assembly’ in their factory at Aurangabad. For manufacture of their final..

Posted in Taxation |   2503 hits

Rule 57F(2) and Rule 57(3) of the Central Excise Rules, 1994

 15 November 2010

The appellant, being aggrieved by the order passed by the Customs, Excise and Service Tax Appellate Tribunal, West Zonal Bench at Mumbai, (for short ‘Tribunal’) in Appeal No.A/75-78/WZB/06/C-II/EB dated 13.01.2006, is before us in this appeal filed u..

Posted in Taxation |   2632 hits

Valuation in terms of Section 14 of Customs Act, 1962

 03 November 2010

Challenge in this appeal, by the revenue, under Section 130E(b) of the Customs Act, 1962 (for short “the Act”) is to the order dated 10th December 2004 passed by the Customs, Excise and Service Tax Appellate Tribunal, (for short “the Tribunal”) where..

Posted in Taxation |   2584 hits

Bengal Finance (Sales Tax) Act, 1941

 26 October 2010

The material facts are :- The assessee is M/s Tulip Products Co., a partnership firm having a fruit processing unit at 37, Imjad Ali Lane, Calcutta. It is a small scale industrial unit. The Unit is engaged in manufacturing juice, jelly, jam etc. The..

Posted in Taxation |   4229 hits

Section 35- L(b) of the Central Excise Act, 1944

 26 October 2010

These appeals filed by the Revenue under Section 35- L(b) of the Central Excise Act, 1944 (for short “the Act”) are directed against the order and judgment dated 21st August 2002 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, (f..

Posted in Taxation |   1826 hits

Section 35L(b) of the Central Excise Act, 1944

 26 October 2010

These civil appeals under Section 35L(b) of the Central Excise Act, 1944 (for short “the Act) are directed against the order dated 21st January 2002 passed by the Customs, Excise & Gold (Control) Appellate Tribunal (for short “the Tribunal), as it th..

Posted in Taxation |   1544 hits

Section 130E of the Customs Act, 1962

 26 October 2010

This civil appeal under Section 130E of the Customs Act, 1962 (for short “the Act”) is directed against order dated 2nd February 2005, passed by the Customs, Excise and Service Tax Appellate Tribunal (for short “the Tribunal”), whereby the appeal pre..

Posted in Taxation |   1901 hits

remission of duty

 25 October 2010

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Posted in Taxation |   3293 hits

excise duty

 19 October 2010

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Posted in Taxation |   1383 hits

all excisable goods produced or manufactured in India are exigible to duty of Excise

 08 October 2010

Assessment of Excise Duty - Sale of Shrimps and Shrimps seeds without requisite permission - Section 35(L)(b) of the Central Excise Act, 1944 - Whether sale by the Assessee without requisite Permission from the Development Commissioner, are to be as..

Posted in Taxation |   2252 hits

Section 35(L)(b) of the Central Excise Act, 1944

 28 September 2010

Challenge in this batch of appeals filed by the revenue under Section 35(L)(b) of the Central Excise Act, 1944 (for short “the Act”) is to the orders passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zone (for short “the Tribuna..

Posted in Taxation |   2274 hits

Good case on exemption could still be claimed under Section 5(3) of the Central Sales Tax Act

 27 September 2010

Exemption - Assessee supplier of Bus bodies sought exemption under Section 5 of the Central Sales Tax Act, 1956 - Whether an Assessee (local manufacturer) was eligible to get exemption under sub-section (3) of Section 5 of the Central Sales Tax Act i..

Posted in Taxation |   2619 hits

Everytime moment there is remittance an obligation to deduct TAS doesn't arises

 24 September 2010

Whether the High Court was right in holding that the moment there is remittance the obligation to deduct tax at source (TAS) arises? Whether merely on account of such remittance to the non-resident abroad by an Indian company per se, could it be said..

Posted in Taxation |   2112 hits

Amended provision cannot be held to be unconstitutional so long as Parliament has the legislative co

 24 September 2010

Writ petition - Writ of declaration - Service tax liability - Software - End-userlicense agreement - Until 16th May 2008 no service tax was levied in the case of sale of canned software license - By virtue of new provision of Clause (zzzze), informat..

Posted in Taxation |   1402 hits

Part tx is leviable on Non-resident/seller

 20 September 2010

Tax Transactions - Jurisdiction of Income Tax Department on Transaction outside India - Determination 0f - Whether Income tax authorities in India have the jurisdiction to tax transactions, even though the transaction took place outside India as t..

Posted in Taxation |   1416 hits

Section 5 of the Central Sales Tax Act, 1956

 20 September 2010

The question that falls for consideration in this case is whether an assessee (local manufacturer) is eligible to get exemption under sub-section (3) of Section 5 of the Central Sales Tax Act, 1956 (for short ‘CST Act’), if the penultimate sale effec..

Posted in Taxation |   9362 hits

Section 10(b) read with Section 10A of the Central Sales Tax Act, 1956

 20 September 2010

These appeals, by special leave, are directed against the judgments and orders delivered by the High Court of Judicature at Allahabad, reversing the orders passed by the Sales Tax Tribunal, Meerut, (for short “the Tribunal”). In the first set of appe..

Posted in Taxation |   4026 hits

Show Cause Notice of DC under section 2(b), 11A and 35G of Central Excise Act

 15 September 2010

Indirect Tax - Shortage of finished goods and raw materials - Central Excise Act, 1944, Sections 2(b), 11A and 35G - Jurisdiction of Deputy Commissioner - Whether the Show Cause Notice in respect of shortages of finished goods and raw material issued..

Posted in Taxation |   2021 hits

Obligation to deduct tax at source (TAS) arises

 15 September 2010

Appellant(s) are the distributors of imported prepackaged shrink wrapped standardized software from Microsoft and other Suppliers outside India. During the relevant assessment year(s) appellant(s) made payments to the said software Suppliers which ac..

Posted in Taxation |   1661 hits

Depreciation under Section 32(1)(ii) of the Income Tax Act, 1961

 15 September 2010

In this case, we are concerned with the Assessment Years 1999-2000, 2000-2001, 2001-2002 and 2002-2003. The assessee company filed its Return of income for the Assessment Year 1999-2000 disclosing a loss of Rs. 10,77,276/-. The return was processed u..

Posted in Taxation |   7212 hits