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Validity of show cause notice for availment of cenvat credit.
Jan 04, 2016 The analogy of the case is that show cause notice alleging that goods manufactured by appellants were not attracting Excise duty and Cenvat credit was not admissible to them. If Cenvat credit was not admissible to them, then Revenue should have issued show cause notice for reversal of Cenvat credit availed by them. Show cause notice is issued for recovery of amount and the amount …
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Whether credit on input services can be denied on ground
A show cause notice was issued to them wherein it was alleged that they have wrongly availed cenvat credit on input services to the extent of Rs. 1,32,266/- for the period from April, 2014 to September, 2014 as the invoices on the basis of which the credit has been availed were in the name of Customs House Agent/Shipping Agent.
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Case study in excise SlideShare
Mar 24, 2014 Case study in excise ... INTRODUCTION OF THE PROJECT The project is regarding a Show cause notice to an reputed organization (identity kept anonymous for the purpose of confidentiality) regarding the contravention of the Rule 3 of Cenvat Credit Rules, 2004 for wrongly availing and utilizing Cenvat Credit on H.R Coils meant for trading ...
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Admissibility of cenvat credit when address mentioned on
Jan 04, 2016 On this basis after issue of Show Cause Notice, the Jurisdictional Joint Commissioner vide order-in-original dt. 18.07.2011 confirmed the demand for the above-mentioned Cenvat Credit along with interest and imposed penalty of equal amount.
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Admissibility of Input Tax Credit of GST Paid on
May 07, 2019 The author wish to present a case study of admissibility of Input Tax Credit of GST paid on services utilized for maintenance of township, guest house, hospital, horticulture by a public sector undertaking namely M/s National Aluminium Company Limited, who was before the Odisha Advance Ruling Authority / Appellate Authority for Advance Ruling ...
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Transitional Credit TRAN 1 claimed under GST in
On receipt of the information, in case the excess credit is noticed then in the cases other than the claim of credit on account non-receipt of declaration, for recovery of the such excess VAT credit taken into Electronic Credit Ledger under GST, the process of Demand and Recovery as given in section 73 or 74 of the MGST Act need to be After providing the opportunity of being heard and the show-cause notice …
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Show Cause Notices TaxGuru
Apr 18, 2020 Show Cause Notice is the Foundation: In The Comm Of Central Excise V Tata Tech Limited 2008 – SC has held that the show cause notice is the foundation in the matter of levy and recovery of duty, penalty and interest and if the point is not raised in the show cause notice, it cannot be raised at the appellate stage. 8.
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Housing Cases Summary Page U.S. Department of Justice
Aug 06, 2015 Case Summaries. The Ability Center of Greater Toledo v. Moline Builders, Inc. (N.D. Ohio) On August 10, 2020, the court issued an order granting partial summary judgment in favor of the plaintiffs and against the defendants in Ability Center, et al. v. Moline Builders, et al. (N.D. Ohio). At issue was whether, under the Fair Housing Act’s accessibility requirements for newly-constructed ...
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Penalties Under Service Tax Law TaxGuru
Oct 13, 2015 (ii) Where the CENVAT credit has been taken and utilised wrongly or has been erroneously refunded, the same shall be recovered along with interest from the manufacturer or the provider of output service, as the case may be, and the provisions of sections 11A and 11AA of the Excise Act or sections 73 and 75 of the Finance Act, 1994, as the case ...
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Recent Case Laws taxmanagementindia.com
CENVAT Credit - inputs - inputs sold without reversal of the credit as per Rule 3(5) of the CENVAT Credit Rules, 2004 - HELD THAT:- The facts would disclose that the appellant was bonafide pursuing his appeal remedy before the Tribunal in Appeal No. E/20597/2015-SM challenging the order dated 17.11.2014 remanding the case to the adjudicating ...
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CENTRAL EXCISE Techshristi
The Apex Court pointed out that even the investigations made before the issuance of the show cause notice were made under the Central Excise Act, 1944. Thus, the Supreme Court held that the show cause notice was defective in law and accordingly the demand was not maintainable. 2. Levy And Exemptions From Duty . 1.
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Indirect Tax Practitioners Assn vs R.K.Jain on 13 August 2010
Aug 13, 2010 In the written statement filed by him, the respondent has taken stand that he cannot be accused of violating the undertaking filed in this Court on 13 25.8.1998 because before writing the editorial he had brought all the facts to the notice of the Finance Minister and the Revenue Secretary, Government of India as also the President, CESTAT and ...
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CASE LAWS RELATING TO E WAY BILL
May 08, 2018 A show cause notice was issued in this regard under section 129(3) of the Act. The goods have been carried from West Bengal to Ghaziabad. The ground for seizure is that the E-way bill had not been downloaded. It has come on record that before seizure there was some problem in downloading the E-way Bill.
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Nirav Modi Case Risk and consequences of fraud for Directors
Apr 13, 2018 Act: Provision: Tittle: Grounds for the issue of show-cause notice: Income Tax Act,1961: Section 142(1), Inquiry before assessment: If you have not filed a return within time prescribed or furnished documents or accounts required to be submitted or provided information required to be submitted in writing by you, assessing officer may make an inquiry or may issue a notice to you to get …
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PDF STUDY NOTES INTERMEDIATE PAPER 11 INDIRECT
STUDY NOTES INTERMEDIATE : PAPER -11 INDIRECT TAXATION
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Cenvat Credit Rules CCR Good Notes Invoice Taxes
Decision: Rule 14 of the CENVAT Credit Rules, 2004 provides that if any CENVAT credit has been taken OR utilized wrongly, the same along with interest shall be recovered from the manufacturer / service provider and the provisions of Excise section 11A …
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CENVAT Credit Technical Guide Taxes Value Added Tax
CENVAT Credit Technical Guide
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High Court GST India
The show-cause notice dated 12.11.2020 was issued by the Assistant Commissioner whereas show cause notice dated 25.01.2021 was issued by Sales Tax Officer. Mr. Mittal says that the petitioner, qua the financial year 2017-2018 paid the tax on 30.01.2020, and likewise paid the interest in and about 30.11.2020; as quantified in the show cause ...
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21.6.6 Specific Claims and Other Issues Internal Revenue
Effect on Other Documents. IRM 21.6.6, Specific Claims and Other Issues, dated September 11, 2019 (effective 10-01-2019) is superseded. This also incorporates Interim Procedural Updates dated 10-10-2019 thru 05-20-2020: 19U1110, 19U1225,19U1241, 20U0087, 20U0421, 20U0606, and 20U0624.
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Summary of Excise duty case laws applicable for CA Final
Jun 25, 2016 As per rule 15(1) of the CENVAT Credit rules, 2004 the penalty can be imposed for wrong availment of CENVAT credit on the person who has taken the wrong CENVAT credit. Thus in this case the penalty should be levied on the company pnot on the director of the company. 19. Stelko Strips Ltd.(F) (Availment of cenvat credit on the basis of private ...
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Input Tax Credit under GST Law and Practice
Case study : Capital goods purchased on 30-12-2016 on payment of duty -- 50% Cenvat credit taken in First Year -- Treatment of balance under GST regime 193 Case study : Capital goods purchased on 30-4-2017 by manufacturer availing SSI exemption -- Allowability of input tax credit under GST
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Faq GST1 Auction Taxes
The CENVAT credit of central excise duty or service tax wrongly carried forward as transitional credit, and the arrears of central excise duty, service tax or wrongly availed CENVAT credit thereof under the existing law shall be recovered as central tax liability to be paid through the utilization of amounts available in the electronic credit ...
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Project report on central excise duty SlideShare
Mar 24, 2014 Cenvat credit can be availed on Capital Goods, but the credit should be taken in installments, 50% can be taken in April as they fall under two financial Years. Eligibility for Capital Goods has been provided in the Cenvat Credit Rules 2004 (for e.g, goods falling Under Chapter Headings 82, 84, 85 & 90 etc of the schedule to the Central Excise ...
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M.Shanthi vs Bank Of Baroda on 9 August 2017
The facts of the case before the Hon'ble Division Bench is stated in paragraph 2 of the judgment and the same is extracted as follows: ?2. The case of the petitioner-Bank is that respondents 1 to 3, who are the partners of the firm, M/s.Sree Vari Corporation, initially obtained crop loan on 14th Dec., 1996.
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PDICAI
AC has issued show cause Notice with demand of around Rs1.8 crores saying that he is not entitled to the exemptions as mentioned in ST-3 RETURNS in respect of the services provided U/s Section 65(39a) and Section 65(64) – Erection, commissioning and Maintenance or Repair Service to Mobile companies It is only disclosure mistake - the Sales ...
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Cenvat Credit Taxes Value Added Tax
(iii) With effect from 01.03.2008, the definition of output service has been amended to specifically exclude the goods transport agencys service from the scope of output service. Therefore, neither can the CENVAT credit be taken by the goods transport agency nor can any CENVAT credit be utilized to pay service tax on goods transport by road. 9.6
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2019 171 AIFTP
The issue before the Madras High Court was whether an activity carries out in compliance of statutory requirement under a particular Act alone would make the said activity/ service as input service under Rule 2(l) of the CENVAT Credit Rules, 2004 especially when such service/activity has no nexus in or integral connection to the manufacture of ...
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SBI PO Exam Solved Model Question Paper iExamworld
57. The issue was taken before the Municipal Corporation meeting last week— (A) Taking place at (B) Taken after (C) Being taken in (D) Taken up at (E) No correction required. 58. He has asked for the names of those employees involved in the project. (A) had asked (B) having asked about (C) was asked that (D) is asking (E) no correction ...
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Excise General procedure ICSI Professional
May 16, 2014 Excise General procedure ICSI Professional 1. GOVIND MISHRA 9911613608 www.goacademy.in 1 CHAPTER 5 GENERAL PROCEDURES DEPARTMENTAL CONTROLS ON CENTRAL EXCISE ASSESSEE'S (1) PHYSICAL CONTROL: Under this system, excisable goods are removed under the control and supervision of the Central Excise officials.
