Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
..... goods. as per the definition of excisable goods under section 2 (d), it means goods specified in the first schedule and second schedule to the central excise tariff act, 1985 as being subjected to a duty of excise and includes salt. the raw materials which the appellants have received are imported goods as per the ..... appellants, m/s precision punches and dies (unit iii), district thane, are manufacturers of goods falling under chapter 82 of the central excise tariff act, 1985. the appellants are registered with the central excise department at three different galas at three different places. these different galas are numbered as unit i, unit ii and unit ..... is reversed while stock-transferring the inputs to unit ii. investigation conducted revealed that due to shortage of space in their manufacturing unit, they took central excise registration for unit iii but no manufacturing activity was undertaken in the said unit iii except for certain minor activities such as checking and inspecting .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
..... manufacture of the final product. this is an accepted fact that the goods containing alcohol are not final product since the same are not excisable goods under the central excise act. as such the inputs which are used for manufacture of such goods do not qualify as inputs and credit availed by them on such inputs is not admissible. ..... demanded in the show-cause notice were confirmed under rule 14 of the cenvat credit rules, 2004 read with proviso to section 11a(1) of the of the central excise act, 1944 and the amount already paid by the appellants were appropriated against the total duty demanded as above. penalty of rs. 4,23,11,080/- was imposed ..... excisable goods as they contained alcohol. all such goods containing alcohol fall under the state list of the constitution and are known as excisable goods for the purpose of central excise act. under rule 2(p) of the cenvat credit rules, input means all goods used in or in relation to manufacture of final products whether directly or indirectly .....
Tag this Judgment!Court : Mumbai
..... said to be the industrial undertaking of the assessee. the source of the import entitlements can, in the circumstances, only be said to be the export promotion scheme of the central government whereunder the export entitlements become available. there must be, for the application of the words derived from, a direct nexus between the profits and gains and the industrial undertaking ..... the sale of import entitlements could not be included in the income of the assessee for the purpose of computing the relief under section 80-hh of the income tax act, 1961? the question therefore, was converse to the one before us. the supreme court held as under:- 12. crude petroleum is refined to produce raw naphtha. raw naphtha is further ..... s.j. vazifdar, j. 1. this is an appeal under section 260a of the income tax act, 1961 against the order of the income tax appellate tribunal dated 1.8.2006 in a group of income tax appeals pertaining to various assessment years. the present appeal is .....
Tag this Judgment!Court : Mumbai
..... in sub-section (10) of section 80-ib or a hotel project or a hospital project and which has been approved by the central government on an application made by it in accordance with the rules made in this behalf and which satisfies the prescribed conditions. 11. ..... a co-operative bank from investments made on or after the 1st day of june, 1998 by way of shares or long-term finance in any enterprise or undertaking wholly engaged in the business referred to in sub-section(4) of section 80-ia or sub-section ..... do not raise a substantial question of law. re. : question (h) 7. the issue is covered by our order dated 7.8.2012 in income tax appeal no.1846 of 2010 in respect of the same assessee / respondent. a similar question was sought to be raised in ..... of the assessee company for exemption of interest of rs.6,58,12,396/- received from dhil under section 10(23g) of the act on a gross basis even though the assessee company has claimed the interest paid to dhil as an expenditure? 8. the respondent .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
..... together for disposal. 4. applicants are engaged in the manufacture of excisable goods namely lubricating oil classifiable under chapter 27 of the central excise tariff act and lubricating preparations classifiable under chapters 34 and 38 of the central excise tariff act. the assessments for the period in dispute were provisional and the adjudicating authority finalized the assessments and demand of differential duty is confirmed .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
..... by the revenue and the other by the appellant, m/s.starlite components ltd., nashik against the order-in-appeal no. no.akp/18/nsk/2012 dated 27/02/2012 passed by commissioner of central excise and customs (appeals), nashik. 2. the facts relevant for consideration of this case are as follows: 2.1 the appellant, m/s.starlite ..... and their activity of labeling, branding and re-packing amount to manufacture under section 2 (f) (iii) of the central excise act for the reason that the said goods are specified in third schedule to central excise act, 1944 and activities which involves packing or re-packing of such goods in a unit container or labelling or re-labelling ..... the differential duty inasmuch as there was no requirement of declaring mrp. as a result, the confiscation of goods under section 111 (d) and (m) of the customs act, 1962 are also not justified. consequently, the question of payment of redemption fine would not arise and also no penal consequence would follow under section 112 (a) ibid .....
Tag this Judgment!Court : Mumbai
..... servants. they are the officers of small industries development bank of india (hereinafter referred to as `sidbi'), which is a corporation established by the central government of india by an act of 1989 of parliament. sidbi is the financial institution established by the government for promotion and development of micro, small and medium enterprises. it ..... relevant time, working as manager at pune branch office and was assigned direct business and accounts. the petitioner in w.p. no.3173 of 2012 was assigned the work related to msme receivable finance/bills scheme sanctioned to tata motors ltd. (tml) after shri muthukumar (original accused no.5) submitted his resignation to the bank. 4. ..... at a conclusion that the accused had committed offence punishable under sections 406 and 420 of ipc. the details of the payment transactions approved in the bills finance system software owned by ripl indicate that it was ashoo tiwari who forwarded the email to idbi bank ltd. and the name of the maker of .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
..... . are manufacturers of drills/tools falling under chapter 82 of the first schedule to the central excise tariff act, 1985. the appellant availed cenvat credit of service tax paid on various input services such as courier charges, internet, manpower supply, job-work for grooving, technical testing ..... the appeal and stay application are directed against the of order-in-appeal no: pks/406/bel/2010 dated 27/08/2010 passed by the commissioner of central excise (appeals), mumbai zone - ii. 2. the facts relevant for this case are as follows: 2.1. the appellant m/s. yg1 industries (india) pvt. ltd ..... this tribunal in the case of cipla ltd. vs. commissioner of customs and central excise, pune - iii 2011 (273) elt 391 (tri-mumbai); multi organics pvt. ltd. vs. commissioner of central excise, nagpur 2011 (21) str 695 (tri-mumbai) and spic (hcd) ltd. vs. commissioner of central excise, chennai - i 2006 (201) elt 386 (tri.-chennai) wherein it .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
..... the case are that the appellants are engaged in the manufacture of excisable goods namely copper powder and sintered bushes falling under chapters 74 and 84 of the central excise tariff act, 1985 and the appellants are availing cenvat credit facility of duty paid goods and capital goods. a show-cause notice was issued to them on 1.11 ..... on the outdoor catering services has been settled by the hon'ble bombay high court in the case of commissioner of central excise, nagpur vs. ultratech cement ltd. - 2010 (20) str 577 (bom), wherein the hon'ble high court has held that input service credit availed by the ..... .6.2011 remanded the matter back to the tribunal to decide the matter in light of the hon'ble bombay high courts decision in the case of commissioner of central excise, nagpur vs. ultratech cement ltd. - 2010 (20) str 577 (bom). 3. the learned counsel appearing for the applicant submits that the issue regarding cenvat credit .....
Tag this Judgment!Court : Mumbai
..... provider of taxable service is allowed to take cenvat credit inter alia of the duty of excise specified in the first and second schedules to the central excise tariff act, paid on the following:- (i) any input or capital goods received in the factory of manufacture of final product or premises of the ..... or premises, advertisement or sales promotion, market research, storage upto the place of removal, procurement of inputs, activities relating to business, such as accounting, auditing, financing, recruitment and quality control, coaching and training, computer networking, credit rating, share registry, and security, inward transportation of inputs or capital goods and outward transportation upto ..... to rs.40.57 crores. an equivalent penalty was imposed together with interest. 9. in appeal, the cestat by an order dated 29 november 2012 partly allowed the appeal preferred by ongc as well as the appeals filed by the input service distributors by deleting the penalty which was imposed by the .....
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