Category Archives: Excise

Assessment of dead person cannot continue against legal representatives in the absence of machinery provisions

By | October 23, 2015

Applicable Sections ;– Section 11A, read with sections 4, 11 and 33A of the Central Excise Act, 1944, sections 73 and 87 of the Finance Act, 1994 and sections 28 and 142 of the Customs Act, 1962 Issue : On death of sole proprietor, department issued notice alleging clandestine removal to sole proprietor’s wife/daughters .… Read More »

Guidelines for Valuation of second hand machinery

By | October 22, 2015

Circular No. 25 /2015 F. No. 467/34/2006-Cus.V Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs 15th October 2015 All Principal Chief Commissioners All Chief Commissioners of Customs, All Chief Commissioners of Customs & Central Excise, All Directorate Generals, Chief Departmental Representative, All Principal Commissioners of Customs, All Principal… Read More »

Cutting lengthy conveyor belt into smaller sizes is not manufacture

By | October 21, 2015

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 »

In case of fraud also recovery can not be made beyond 5 years of relevant date under section 11A

By | October 20, 2015

Period April, 2002 to January, 2003 Facts of the Case :- On ground of fraudulent procurement of inputs under bond without payment of duty claiming an Exemption Notification, Department issued notice dated 27-11-2009 . Issue :- Assessee argued that notice was time-barred, being beyond 5 years from relevant date  Tribunal held that department came to… Read More »

Amendment in the Principal Notification No. 61/94-Custosm(N.T) dated 21.11.1994

By | October 16, 2015

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)] Government of India Ministry of Finance Department of Revenue (Central Board of Excise and Customs)  Notification No. 99/2015-Customs (N.T.)  New Delhi, the 15th October, 2015          G.S.R. …..(E).- In exercise of the powers conferred by clause (a) of sub-section (1)… Read More »

Rate of exchange of conversion of foreign currency with effect from 16th October 2015

By | October 16, 2015

GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) (CENTRAL BOARD OF EXCISE AND CUSTOMS) Notification No. 101/2015 – Customs (N.T.)  Dated the 15th October, 2015  In exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and in super session of the notification of the Central Board of… Read More »

Issuance of Electronic Delivery Orders for Ease of Doing Business

By | October 16, 2015

Circular No. 24 /2015- Customs F.No. 450/226/2014- Cus IV Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs New Delhi, Dated: 14.10.2015 To All Chief Commissioner of Customs / Customs (Preventive) All Chief Commissioners of Customs and Central Excise All Commissioners of Customs All Commissioners of Customs and Central Excise Sir / Madam, Subject: Improving Ease of Doing Business – Issuance of Electronic Delivery Orders -regarding As part of Government’s initiatives for improving “Ease of Doing Business”, several facilitation measures are being taken by the Central Board of Excise & Customs. After consultation… Read More »