Daily Archives: October 21, 2015
Adjudication order quashed due to unexplained delay of 22 months in passing order
Section 11A, read with section 33A, of the Central Excise Act, 1944, section 73 of the Finance Act, 1994 and section 28 of the Customs Act, 1962 Issue :- Assessee challenged adjudication order on ground that it was passed after an unreasonable delay of 22 months after conclusion of hearing HELD : Inordinate and unexplained… Read More »
Order of provisional release of seized goods is an appealable order hence no writ petition
Facts of the case :- Assistant Commissioner passed order for provisional release of seized motor parts subject to execution of bond based on value of goods at Rs. 55 lakhs – Assessee filed writ challenging said action on ground that value of goods was less than Rs. 40 lakhs and only with a view to… Read More »
Free supplies not part of Gross Amount Charged : CESTAT NEW DELHI BENCH
Whether the value of the material supplied by the recipient of the taxable service free of cost (viz. “free supplies”) should be included, for availing the benefit of abatement under Notification No. 15/2004-ST, dated 10.09.2004 as amended/substituted ? Held Value of goods and materials supplied free of cost by a service recipient to provider of… Read More »
section 40(a)(ia) applies to the Amount Paid and Payable
Hon’ble High Court of Punjab and Haryana, P.M.S Diesels Vs. CIT [ITA No. 716 of 2009] Question of Law: Whether the disallowance contemplated by Section 40(a)(ia) can be applied when payments in respect of which tax is deductible at source has already been made by the assessee to the payee at the time of computing… Read More »
Cutting lengthy conveyor belt into smaller sizes is not manufacture
Facts of the Case Assessee was buying conveyor belting in endless length and cutting same into required sizes Issue : Department argued that said process amounted to manufacture and demanded duty – Tribunal held that conveyor belting is material used in construction of conveyors and like fabrics and other materials, belting comes in endless length… Read More »
Advance received to do job work not to be held as income if wrongly shown as transportation charges in TDS certificate
Facts of the case :- Assessee entered into an agreement with one ‘B’ to do job work for ‘B’ . Under said agreement, ‘B’ provided adjustable advances/deposits of Rs. 34 lakhs to assessee towards cost of plant and machinery and reimbursement for construction of factory shed, etc. . Initially in TDS certificate, ‘B’ showed nature… Read More »