Indirect taxes

286 views 2 replies
Notification no. 67/1995 CE exempts capital goods manufactured and consumed within a factory. However in case of Usha Rectifier Corpn it was held that testing equipment is dutiable. Also there are other cases relating to this too. What am I missing? Why does they contradict each other?
Replies (2)

In Usha Rectifier case Supreme Court held as          "Demand - Deemed removal - Testing equipment manufactured for captive use - Contention that goods not taken out from premises, hence no duty leviable - Explanation to Rules 9 and 49 of erstwhile Central Excise Rules, 1944 provide that excisable goods manufactured and consumed or utilised as such deemed to have been removed - Duty payable - Sections 3 and 11A of Central Excise Act, 1944"

67/95 was not existing at that time

Raksh*t

09810525780

advrcverma @ gmail.com

In Usha Rectifier case Supreme Court held as          "Demand - Deemed removal - Testing equipment manufactured for captive use - Contention that goods not taken out from premises, hence no duty leviable - Explanation to Rules 9 and 49 of erstwhile Central Excise Rules, 1944 provide that excisable goods manufactured and consumed or utilised as such deemed to have been removed - Duty payable - Sections 3 and 11A of Central Excise Act, 1944"

67/95 was not existing at that time

Raksh*t

09810525780

advrcverma @ gmail.com

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 30 June 2026
2 posts Article assistant and Articleship completed students

Chirag N Shah & Associates

Mumbai

CA Inter

View Details
Company
10 June 2026
Senior Account Executive

JDS Advisory LLP

Ahmedabad

CA Inter

View Details
Company
24 June 2026
Chartered Accountant

CA Darshita Shah & Co

Nadiad

CA

View Details
Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details
Company
25 June 2026
Accounts & Taxation Executive

Dindukurthy & Associates

Hyderabad

MBA

View Details
Company
06 July 2026
Chartered Accountant (Indirect Taxation)

Gowra Ventures Pvt Ltd

Hyderabad

CA

View Details
Company
ARTICLESHIP 30 June 2026
Article Assistant or Paid Assistant

VIKAS VERMA & CO

New Delhi

Others

View Details
Company
22 June 2026
Accountant

Global Image Technologies Private Limited

New Delhi

MBA

View Details