Excise Judgements



The Hon’ble CESTAT, New Delhi has upheld the decision of the Commissioner (Appeals) that in a catena of decisions, the view has been expressed that when export of goods and payment of duty on exported goods is not in question, minor deviations from t

Posted in Excise |   1908 Views



The Hon’ble CESTAT, New Delhi relying upon the case of Commissioner of Central Excise, Ludhiana Vs. Sangrur Agro Ltd. [2010 (2) TMI 438 – PUNJAB & HARYANA HIGH COURT] dealing with reversal of amount under Section 6(3)(b) of the Credit Rules, held tha

Posted in Excise  1 comments |   1909 Views



The Hon’ble Apex Court held that it cannot be the intention of the Legislature to provide rebate only on one item i.e. either on inputs or final products. It was further held that giving such restrictive meaning to Rule 18 of the Excise Rules would n

Posted in Excise  2 comments |   2049 Views



The Hon’ble Supreme Court decided the matter in favour of the Appellant by allowing deduction of Cash discount from Transaction value.

Posted in Excise |   2547 Views



However, as already this Court held that the commodity 'fly ash' cannot be subjected to levy of excise duty because it is not an item of goods which has been subjected to process of manufacture, it may not be necessary for this Court to delve upon an

Posted in Excise  2 comments |   2590 Views



The Larger Bench of the Hon’ble High Court of Delhi overruled the decision of the pision Bench in Haldiram Case to upheld power of CESTAT to grant/ extend Stay of recovery of demand beyond 365 days from passing of Stay Order, where delay in disposal

Posted in Excise  2 comments |   2435 Views



The Hon’ble CESTAT, Mumbai after affirming that fact that the Assessee has written letter to the Department for granting refund of the amount, held that where Assessee's appeal has been allowed with consequential relief, it is incumbent upon the Reve

Posted in Excise  1 comments |   2631 Views



The Hon’ble Tribunal held that pertaining to denial of refund claims on ground that Impugned services are not eligible for Cenvat credit, the matter stands decided in favour of the Appellant in its own case by the Ld. Commissioner (Appeals) and is no

Posted in Excise |   2520 Views



The Hon’ble Apex Court held that the High Court has not interfered with the factual aspects which were recorded by the Settlement Commission in its judgment. However, the High Court has stated the correct legal position where the Settlement Commissio

Posted in Excise |   2107 Views



The Hon’ble CESTAT, Delhi held that Rule 19 of the Excise Rules permits export of the goods under bond/ Letter of Undertaking (LUT) without payment of duty, subject to following the procedure and conditions as may be prescribed. The Notification issu

Posted in Excise |   2307 Views




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