Sundeep Kandoi

Case started in mid 1980's (show cause)

Duty and penalty levied on the party 'X'

tribunal altered the duty calculation and penalty. Minimum deposit and bank gaurantee given against the amount.

Meanwhile prosecution case started after 8-9 months of show cause.

Thereafter, Hon' SC deleted the penalty completly on the ground that when tribunal has altered the excise duty amount so penalty should not be imposed.

Our query is... Can the prosecution case stand when the penalty has been rejected?
Cancellation of penalty shows that there was no intention of duty invasion and so the Rule 9(1) should not be applicable.
Does anyone know any example case wherein such judgements have passed.


Tejas
25 July 2009 at 12:31

duty passed on

Dear All,
Kindly tell me whehter our client who is registered as the first stage dealer are required to pass any accounting entry on the
amount of excise duty passed on by them ?

They are just recording the cenvat paid on the amount of the purchase in the purchase account and no entry nin the books for the passed on amount they just have the track of the amount passed on on papers and in the excise returns pls tell me whether the current status of accounts is proper or any accounting effect is needed to be given ??


RAMU
25 July 2009 at 12:16

EXCESS RATE

Dear Experts,
In the month of April-2009 we have made an invoice for a certain article Rs.100 insted of Rs. 75. Duty and Taxes are calculated on Rs. 100 and already paid to the department.
But now only we came to know our mistake. Then how we will recover excess duty which we already paid to the department.
Thanks and regards,
R.Dutta


amit toshniwal
24 July 2009 at 13:36

MRP valuation

asking through example.
suppose MRP value 21500 less abatment 38% hence assable value RS 13020/ excise @14% i.e.1822.80 is taken correctly but due to system problem assable value is shown in invoice is 12800 add duty amount as above i.e. 1822.80 =14622.32 is recovered frm customer is as above..
is it proper treatment...? since duty amount is correct as per MRP rules but invoice price recovered from party is different .


lakshmi
23 July 2009 at 22:18

Is this process excisable

A person wants to buy leather shoes and pack and after affixing with his own brand name wants to market it. Is this action of packing and affixing of trade marks amounts to manufacture. If yes what is the exemption limit and what is the procedure to be followed. If the same is unbranded and sold means what is the position. Can any one explain please.


kawal
23 July 2009 at 17:32

Duty

what is cvd?
what is excise duty?
How to calculate basic duty?


tarun chadha

Question : Whether the excise duty is applicable on Ready Made Garments or Semi-Stitched Garments?
If Yes than what be the rate of duty:
If No, than why so & if there is any notification in this regards, if yes please provide me the same?
Please reply as soon as possible


Subhasah kumar Gorai
23 July 2009 at 14:07

Treatment of Excise

In financial account how will we treat the excise figure ie.RG register capital goods input& Credit taken.Please give the details with journal entry.


zamir
23 July 2009 at 10:25

Conveyor Belt

Dear expert,
I want to know whether Conveyor Belt (In cement Industry) is input or capital goods.
Whether Cenvat Credit available at 100% for input or 50% for capital goods.

Thanking You
ZAMIR


Ashish Shah
22 July 2009 at 18:08

Credit Rules

Dear All,

Can anybody tell me the section or rule under which the credit of input of one year can be sett off against next year.

I have the same query in respect of Service tax and VAT






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