Help required- Rule 6(3)(b)

Hello People,

I am facing a problem with a litigation in excise. It will be very generous of you if you can provide me some help.

The case is:

We manufacture both dutiable and exempted goods. We have received a notice from commissioner regarding payment of duty amounting to 8% of total price of exempted goods cleared from the factory. The commissioner has relied on rule 6(3)(b) of CENVAT Credit rules 2004.
We had oversightly availed credit on service tax of Rs 1,46,921, we maintained separate accounts for dutiable and exempted goods but it was very difficult for us to maintain different accounts for the services. Hence the commissioner has asked us to pay 8% of total sale of exempted goods which amounts to Rs. 2,67,94,099. It is worth noticing that we reversed the credit before any show cause notice from the department. The credit reversed consisted of credit 1. taken for excisable product and 2. exempted products, which in totality means that we reversed the full credit+penalty(which was calculated by us by their methods).
There are many cases in which there were judgement that ‘ if full credit is reversed it is equal to no credit taken’. Commissioner gave a decision against us and we are now in cestat against the decision given by commissioner.

Kindly, guide me if I am justified with my explanation?

Regards

suggestion for carreer

very good morning to everyone
dear members i am C.A student(frm delhi) wish to learn the various aspects of indirect taxes (i:e appeals preparation, hearing and IDT complaniance)and want to make up my future in this area also,
shall be grate ful to u all if u could suggest me upon, how to get into it.
and after Clearin my CA wish to do LLB: any can tell me from where i shud do??(best & convienent university)

Regards
Amit Mehta
9818068677

income tax

Gross salary of a person in financial year 2008-09 was Rs 1,30,000.His salary was not taxable so he did not file return in A.Y.2009-10.
But in this financial year 2009-10, his Gross salary is Rs 2,30,000 and he also got arrear salary Rs 20,000 of F.Y.2008-09.
He gets deduction u/s 80c is Rs 30,000 in F.y.2009-10. How much tax will he pay in A.y.2010-11. will he get relief u/s 89 for Arrear salry.
please suggest me

central excise

I raised the following query:

Ours is a service industry and registered under Service tax. As a part of providing service we use packing material. To save the packing material cost, we bought one corrugation manufacturing machine and making cartons ourselves by purchasing craft paper. While billing to our customers we do not charge anything separately for packing. Our service charges are inclusive of packing material cost. Hence we did not approach Central Excise department for any registration.

Now there is an objection from Central Excise department stating that it comes under manufacturing and we are supposed to comply with central excise formalities.

Please advice on the above.

Regards

N V Sudhakar

For the above query I got the following expert opinion from Mr S Karunamoorthy:

Yes, it amounts to manufacturing.. cos ur converting an input material into another output having seperate merchandise. u have to register with central excise authority and has to pay off the duty thereon but the same could be collected from the customers as cost of goods.

With due respects I would like to know the following:

1. Duty to be paid on what value when we do not raise our invoice towards packing cost.

2. The total value of packing material we consume for providing our services is approx Rs. 30 lakhs per annum. Can this turnover be covered under exemption limits.

Regards

N V Sudhakar

central excise

Ours is a service industry and registered under Service tax. As a part of providing service we use packing material. To save the packing material cost, we bought one corrugation manufacturing machine and making cartons ourselves by purchasing craft paper. While billing to our customers we do not charge anything separately for packing. Our service charges are inclusive of packing material cost. Hence we did not approach Central Excise department for any registration.

Now there is an objection from Central Excise department stating that it comes under manufacturing and we are supposed to comply with central excise formalities.

Please advice on the above.

Regards
N V Sudhakar

bonus stripping

just like bonus+right share stripping whether there is any right share stripping?

trust

whether ausit of trust is reqd under any other law other than IT act (sec 139(4A)

income tax

K

assessee (Mr A) has 5 business i.e. sorce of income
1. manufacturing cigrattes--35 lac
2. manufacturing toys---15 lac
3. retailer------40 lac
4. profession----38 lac
5. services (supporting)--4 lac

for calculating limit of 40 lacs whether all should be clubbed or only business of same nature should be clubbed & 3 audit reports should be prepared (1 for 2 manufacturing bs+1 for retail+1 for professon+servics)+(1 computation for all)?????????????????

assessment procedure

due date of filing return of working partner of tax audit firm--30/9 but if it is a sleeping partner whether date wil be 31/7 or 30/9.

wht is due date for filing return of any director (MD,executive directer etc) of co
since director is not mentioned in ""30/9 para""

asessment procedures

139(1A) & 139(1B) operational today also?difference when we say int is compensatory in nature(234A(1)) & int is penal in nature (234B(1))?