Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Apr-01-2003
Reported in : (2003)(159)ELT896Tri(Mum.)bai
..... 1992 issued by the ministry of environment and forests stating as follows :- sub : issuance of excise duty exemption certificate for availing benefit under ministry of finance's notification no. 78/90/central excise, dated 20-3-90 in respect of m/s. indian rayon and industries ltd., veraval, gujarat. as per ministry of ..... and manufactured. incidental provisions covered warehouse keepers also.the law in the form of rule 191a governed merchant exporters of duty paid goods who were not manufacturers. the act and the rules rigidly controlled (and still do) the manufacturers or the producer of excisable goods, a number of steps had to be taken by the manufacturer ..... duty is paid thereupon. the quantum of duty is determined by the rates set forth in the schedule in the central excise tariff act, 1985 read with exemption notifications, if any, issued under section 5a of the act. the benefit of a notification had to be claimed by the manufacturer through the mechanism of filing of classification .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Jul-03-2003
Reported in : (2003)(156)ELT423Tri(Mum.)bai
..... rules were at the relevant time do not specifically provided for the capital goods in question to be installed before credit can be taken. the circular of the ministry of finance is explicit that installation is not a pre-requisite for taking credit. in the light of this rule and the circular explaining the rule, we are unable to find any ..... appellant did not take any part of the duty that it paid. on 1-4-2002, the rules relating to modvat credit contained in chapters aa and aaa of the central excise rules relating to taking of credit in respect of inputs and capital goods were replaced. the new rule 57ac provided for taking cenvat credit of the duty paid on ..... which have been received prior to these rules, but having been installed. they provided that 50% of duty paid to be taken as credit during the financial year 2000-2001. acting on these rules, the appellant took as credit between april and december 2000, 50% of the duty paid on the goods which it received, but not installed. this was .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Feb-18-2003
Reported in : (2003)(154)ELT472Tri(Mum.)bai
..... manufactured where the duty was paid only on the imported portions of the vessel. he also placed on records, the extract from the customs (preventive) manual (central) relating to warehousing operations and specifically relating to manufacture in bond.8. shri pundir claimed that the entire case of the appellant was based on the presumption that ..... 25, read with sub-section (3) of section 160 of the customs act, 1962 (52 of 1962), and in supersession of the notification of the government of india in the ministry of finance (department of revenue) no. 118 dated the 13th june 1959, the central government being satisfied that it is necessary in the public interest so to do ..... , hereby exempts any ocean going vessel manufactured in a warehouse in accordance with provisions of section 65 of the said act from the duty of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Sep-09-2003
Reported in : (2004)88ITD76(Mum.)
..... assessee-firm that these transactions had anything to do with evasion of tax or concealment of income.5.2 in the memorandum explaining the provisions of the finance bill, 1984, it was explained as follows: "22. unaccounted cash found in the course of searches carried out by the it department is often ..... -- (b) any banking company, post office savings bank or co-operative bank; (c) any corporation established by a central, state or provincial act; (d) any government company as defined in section 617 of the companies act, 1956 (1 of 1956); (e) such other institution, association or body or class of institutions, associations or bodies ..... and appropriate to the end in view. having the faculty of reason; rational; governed by reason; under the influence of reason; agreeable to reason. thinking, speaking, or acting according to the dictates of reason. not immoderate or excessive, being synonymous with rational, honest, equitable, fair, suitable, moderate, tolerable. cass v. state 124 tex. cr .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Oct-10-2003
Reported in : (2004)(165)ELT467Tri(Mum.)bai
..... preforms manufactured in the 100% eou unit and cleared clandestinely to dta unit. all the above demands have been confirmed together with interest in terms of section 11ab of the central excise act, 1944 and extended period of limitation has been invoked in the case of the above 3 demands. (4). customs duty of rs. 6,93,81,856/- on raw ..... (a) of the customs act on the 100 % eou unit. (6) penalty of rs. 10 crores & rs. 75 lakhs on shri navin agarwal, director of sotl (7) penalty of rs. 25 lakhs & 5 lakhs on shri l.ramkumar, chief executive officer (8) penalty of rs. 25 lakhs & rs. 5 lakhs on shri s.l.bajaj, vice president(finance) (9) penalty of ..... rs. 5 lakhs & rs. one lakh on shri abhay kalkar, chief manager (commercial) (10) penalty of rs. 5 lakhs & one lakh on shri venkatesan babu, manager(commercial) and (11) penalty of rs. 5 lakhs & rs. one lakh on pramod unde, ceo. penalties on the individuals have been imposed under rule 26 of the central excise rules .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Oct-28-2003
Reported in : (2004)(112)LC160Tri(Mum.)bai
..... preforms manufactured in the 100% eou unit and cleared clandestinely to dta unit. all the above demands have been confirmed together with interest in terms of section 11ab of the central excise act, 1944 and extended period of limitation has been invoked in the case of above 3 demands. (4) customs duty of rs. 6,93,81,856/- on raw material ..... a) of the customs act on the 100% eou unit. (6) penalty of rs. 10 crores & rs. 75 lakhs on shri navin agarwal, director of sotl (7) penalty of rs. 25 lakhs & 5 lakhs on shri l. ramkumar, chief executive officer (8) penalty of rs. 25 lakhs & rs. 5 lakhs on shri s.l. bajaj, vice president (finance) (9) penalty ..... of rs. 5 lakhs & rs. one lakh on shri abhay kalkar, chief manager (commercial) (10) penalty of rs. 5 lakh on shri venkatesan babu, manager (commercial) and (11) penalty of rs. 5 lakh & rs. one lakh on pramod unde, coo. penalties on the individuals have been imposed under rule 26 of the central excise rules, .....
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