Judgment Search Results Home > Cases Phrase: finance act 1968 Court: customs excise and service tax appellate tribunal cestat Page 10 of about 10,965 results (0.122 seconds)

Widia (India) Limited Vs. Commissioner of Central Excise,

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

..... . the larger bench in the cited case accepted the provisions of the finance act, 2000 and held that modvat credit is not to be extended on hsd oil. in this view of the matter, respectfully following the larger bench judgement, the ..... of the submission, i notice that the tribunal initially took the view that hsd oil is required to be extended the benefit of modvat credit. however, by the finance act, 2000 the govt.of india took the position that modvat credit need not be extended to hsd oil and the govt. passed the legislation retrospectively to deny the benefit ..... modvat credit on hsd oil as inadmissible under section aa of chapter v of central excise rules, 1944.3. shri s.kannan, learned dr pointed out that by finance act, 2000 the govt. has reversed the position retrospectively for the grant of modvat credit on hsd oil. thereafter larger bench of the tribunal in the case of chemo .....

Indian Transport Service Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2003)(156)ELT994Tri(Kol.)kata

..... (51) rlt 28 (cegat - del.)], while considering the provisions of section 117 of the finance act, 2000, has observed that tax, penalty and interest are leviable under the said section, inasmuch as the same saves the assessee only from the prosecution. inasmuch as the issue is ..... commissioner at the rate of 24% per annum. i do not find any justification in the above contention of the appellants. as per the provisions of section 117 of the finance act, 2000, interest is leviable. the tribunal in the case of rewa gases pvt.ltd. v. c.c.ex., raipur reported in [2002 (143) e.l.t. 375 (t) = 2002 ..... that any service tax refunded in pursuance of any judgment, decree or order of any court, is recoverable within a period of thirty days from the date on which the finance act, 2000 receives the assent of the president and in the event of non-payment of such service tax refunded within this period in addition to the amount of service tax .....

Zee Telefilms and Star India Vs. Commr. of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2006)3STR304

..... in these applications, the petitioners contend that while passing the final order we had overlooked sub-section (2) of section 148 of the finance act, 2002 which made retrospective amendment to section 65(13) of finance act, 1994 as amended by finance act, 2001. sub-section (2) of section 148 reads as under :- (2) any action or anything done or omitted to be ..... (2) of section 148 as claimed by the petitioners the service tax liability would have arisen only as a result of the amendment with retrospective effect brought in by finance act, 2002. in the appellants' case, they were found liable to pay service tax for the period 16-7-2001 to 30-9-2001 by applying the law as ..... 7-2001 to 30-9-2001 alleging that the appellants became liable to pay service tax with effect from 16-7-2001, the date on which finance act, 1994 came to be amended by finance act, 2001. it is relevant to note neither the show cause notice nor the orders passed by the departmental authorities had relied on the amendment by .....

Trans (India) Shipping Pvt. Ltd. Vs. Commr. of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2005)(188)ELT445Tri(Chennai)

..... . the remaining question to be looked into is whether the appellants were eligible for the benefit of section 80 of the finance act, 1994, which laid down that a service tax assessee could be exonerated from penalties imposable under sections 76 & 77 where he proves that there was reasonable ..... rs. 1,000/-. admittedly, the appellants committed default five times. consequently, the lower authorities imposed a penalty of rs. 5,000/- under section 77 of the finance act, 1994. the quantum of penalty under section, 77 being statutorily fixed, there was no discretion left to the quasi-judicial authorities to determine a lesser amount of penalty ..... of service tax as well as filing of returns. the department issued a show cause notice dated 18-9-2002 proposing penalties under sections 76 & 77 of the finance act, 1994. after receiving this notice, the party voluntarily paid the interest on the amount of delayed tax. they, however, in the reply to the show cause .....

Sree Rayalaseema Dutch Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

..... view of the cited judgments, the demands are not sustainable as it has been held that the show cause notice should have been issued prior to the amendment by the finance act. as the same has not been done, the plea of the learned counsel for setting aside the demands is justified. the above cited rulings clearly apply to the ..... of l.h. sugar factories ltd. v. cce wherein it has been held that if where show cause notice has not been issued prior to the amendment of the finance act, then in such circumstance, the demands are unsustainable. the tribunal has followed the apex court judgment in the case of laghu udyog bharati v. union of india . in ..... were not covered for the period from 16-7-1997 to 16-10-1998. they were not issued with show cause notice for this period before the amendment of finance act to cover these services retrospectively. therefore on this ground, the learned counsel submits that the demands are not sustainable and refers to the tribunal ruling rendered in the case .....

Cce/Cst Vs. Avtar Krishan Khosla and Jugal

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... that in the show cause notices there were specific proposal to impose penalty under section 77 of the finance act. i have gone through show cause notices and i find that there was specific averment as to why penalty should not be imposed under section 77 & 76 of the ..... involved is common, both the appeals are taken together.2. heard learned sdr. revenue filed these appeals against the impugned orders whereby penalties imposed under section 76 of the finance act were set aside on the ground that there was no proposal in the show cause notice to impose penalties under the said section. penalty under section 76 of the ..... finance act was set aside on the ground that amount of service tax along with interest had been paid prior to issuance of show cause notice.3. learned sdr submitted .....

India Cements Ltd. Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2007)9STT385

..... u.o.i. .3. we have carefully considered the submissions made by both the sides.we notice that the issue is no longer res-integra although the amendment to the finance act was brought retrospective effect. however it was laid down by the tribunal in the case of l.h. sugar factories ltd. (supra) that the demands have not been protected ..... , hence we take up the appeal for the disposal.2. the learned sdr submits that the demands were protected by retrospective effect by amendment brought to the finance act, 2003. she prays for dismissing the appeal as the return had been filed only in 2004. the learned dr relied on the apex court judgment rendered in the case ..... v. cce, meerut-ii tribunal has clearly held that service tax will not be levied if show cause notice has not been issued prior to the amendment brought to the finance act, 2003. based on these judgments, this bench in the appellant's own case has set aside the demands by above noted final order. the issue is an identical one .....

M/S. Electro World Vs. Cce, Chandigarh

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... does not arise since adjudication is not intended by under section 73(3) of the finance act, 1994. 2. learned d.r. supports the authority below. 3. there is no dispute that the case is made for realization of short fall and only ..... default period penalty has been called for under section 76 of finance act, 1994. statutory mandate being to relieve an assessee falling under section 73(3) of finance act, 1994 from litigation without issuance of show cause notice, learned counsels averment is correct proposition of law. therefore, ..... . the action of the learned adjudicating authority, not being in consonance with the provision contained in section 73(3) of finance act, 1994, this appellant had been directed to pay penalty under section 76 of the finance act, 1994. in short, preliminary argument is that when no show cause notice was to be issued the question of penalty .....

M/S. Kakatiya Textiles Ltd. and Vs. Commr. of Cex, Hyderabad

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2001)(77)ECC257

..... .2. ld. d.r. shri s. kanan points out that the appellants are not entitled to the benefit of modvat credit on hsd oil in view of the provisions of finance act 2000. he submits this has been applied by larger bench in the case of cheimo pulp tissues and ors. vs. cce as reported in 2000 (38) rlt 988-lb. ..... that all such appeals have been dismissed by denying modvat credit on hsd oil.3. on a careful consideration, i notice that the issue is covered by the finance act 2000 and the said provisions contained in the finance act have been applied by larger bench in the case of cheimo pulp tissues (supra). now it is well settled that the provision of ..... finance act 2000 has been applied retrospectively and as a consequence, the rejection of modvat credit on hsd oil by the lower authorities is totally justified, in terms of law passed by the finance act 2000 and the larger bench judgment cited above. hence, there is no merit in .....

Tonira Pharma Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... notification as if it had not been repealed, superseded or rescinded. this section was introduced with effect from 11-5-2001 by the finance act, 2001. by section 114 of the finance act, 2001 it was also, inter alia, provided that any action or omission under any notification etc. shall be deemed to be and ..... , anti-dumping duty cannot be part of the value for levy of sad. k.11 the above budget circular expressly clarifies that the amendment made in finance act, 2003 is purely clarificatory/declaratory/explanatory or otherwise obvious/applicable legal position. hence, the amendment would apply for past period also right from 1998 when section ..... shall not be taken into account. this amendment will effect from 1-3-2002. k.10 the above budget circular expressly clarifies that the amendment made in finance act, 2003 is purely clarificatory/declaratory/explanatory or otherwise obvious/applicable legal position. hence, the amendment would apply for past period also right from 1998 when section 3a .....