Category Archives: Excise

Increases in customs duty on ghee, butter and butter oil to 40%

By | October 6, 2015

Notification No. 49/2015-Customs –Dated-  5th October, 2015- Seeks to further amend notification No. 12/2012-Customs dated 17.03.2012 so as to increase the basic customs duty on ghee, butter and butter oil from the present rate of 30% to 40% for a period of 6 months i.e upto and inclusive of the 31st day of March, 2016.… Read More »

No excise duty due to price escalation if it is not known at or before time of removal

By | October 5, 2015

Facts of the case are :- Periods 1996-1997 to 2000-2001 Assessee cleared non-woven carpets to Maruti paying duty based on invoice price .On inquiry from Maruti, department found that assessee had received additional amount on account of price escalation and therefore, raised demand of duty thereon .Tribunal held that duty is payable at ‘price’ at… Read More »

Customized printing on packing material doesnot make it a product of printing industry

By | October 5, 2015

Brief facts of the Case are :- Assessee was manufacturing plastics laminated flexible packing material, viz., shrink sleeves’ and printing was done thereon as per requirement of customer . Assessee Claim :- Assessee claimed that since it was used for shatter resistance, puncture resistance and tamper proof packing, it was classifiable as ‘Plastics and articles… Read More »

IMPLEMENTATION OF PROVISIONS OF CIGARETTES BY CBEC

By | October 5, 2015

IMPLEMENTATION OF PROVISIONS OF CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY AND DISTRIBUTION) ACT, 2003 (COTPA) AND CIGARETTES AND OTHER TOBACCO PRODUCTS (PACKAGING AND LABELLING) RULES, 2008   LETTER F.NO.221/09/2015-CX.6, DATED 1-9-2015 Kind attention is invited to rule 3(l)(a) of the Cigarettes and Other Tobacco Products… Read More »

Customization of motor vehicle as per requirement of customer is not manufacture

By | October 5, 2015

Section 2(f) of the Central Excise Act, 1944 Facts of the Case Assessee was engaged in customization of motor vehicle as per requirement of customer .Department argued that as per chapter Note 3 of Chapter 87 body building/fabrication etc. on chassis amounts to manufacture; therefore, customization is also manufacture . Assessee argued that it was… Read More »

Cenvat Credit on Tower erection and installation

By | October 5, 2015

Prima facie, telecom service providers : (a) cannot take input or capital goods credit of credit of tower parts and shelters; however (b) may take credit of ‘Erection, Installation and Commissioning’ and ‘Commercial or Industrial Construction’ services used for erection and installation of towers and shelters HIGH COURT OF MADRAS Aircel Ltd. v. Commissioner of… Read More »

CBEC :Circulars contrary to Supreme Court judgment need not be followed

By | September 28, 2015

Q Whether Circulars contrary to Supreme Court judgment need to be followed? As per the following clarification Circulars contrary to Supreme Court judgment need not be followed CLARIFICATION REGARDING BINDING NATURE OF CIRCULAR AND INSTRUCTIONS CIRCULAR NO. 1006/13/2015-CX, DATED 21-9-2015 A large number of judgments have been delivered by the Hon’ble Supreme Court on various… Read More »

Apples Import through Nhava Sheva Port

By | September 15, 2015

[TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY PART-II, SECTION – 3, SUB-SECTION (ii)] GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY DEPARTMENT OF COMMERCE NEW DELHI NOTIFICATION NO. 21/2015-2020 Dated: September 14, 2015 Subject: Amendment in import policy conditions of apples under Exim code 0808 10 00 of Chapter 08 of ITC (HS),… Read More »