Excise Judgements


Unjust enrichment

  Arbind Aggarwal    15 January 2009 at 20:44

UoI Vs M/s A K Spintex Ltd & Anr (Dated : November 26, 2008) Central Excise - Assessable Value - Refund cannot be rejected merely because adjustments made through Credit/Debit Notes - it is clear that once the goods are supplied, the property in th

Posted in Excise |   2005 Views



Central Excise - destruction or loss of goods, by natural causes or unavoidable accident, is essentially a subjective satisfaction - No question of Law: HC

Posted in Excise |   1744 Views


Limitation Act

  Arbind Aggarwal    15 January 2009 at 20:43

MUMBAI, SEPT 10, 2008 : THE issue was already decided by the Supreme Court in COMMISSIONER OF CUSTOMS & CENTRAL EXCISE, NOIDA Vs M/s PUNJAB FIBRES LTD, NOIDA - 2008-TIOL-24-SC-CX.

Posted in Excise |   2728 Views


Section 11AC

  CA. SUJAL MEHTA    31 December 2008 at 13:08

Posted in Excise |   77 Views



Supreme Court on scope for exercise of discretion under section 11AC of Central Excise Act, 1944 Levy of penalty under section 11AC is a mandatory penalty and there is no scope for any discretion

Posted in Excise |   144 Views


CCE vs. Ratan Melting

  Taxguy    23 October 2008 at 13:45

While circulars and instructions issued by the Board are binding on the authorities under the respective statutes, but when the Supreme Court or the High Court declares the law on the question arising for consideration, it would not be appropriate fo

Posted in Excise |   185 Views


Penalty under 11AC

  CA V. Mohanakrishnan    21 October 2008 at 05:10

Revenue wins major battle in Apex Court; Central Excise - Mandatory Penalty - Section 11AC - No discretion to reduce penalty; Income Tax - Sec 271(1)(c) - penalty is civil liability and wilful concealment is not essential ingredient for attracting

Posted in Excise |   103 Views


Input includes Damaged Goods

  CA. A. Kumar    07 July 2008 at 12:22

Case Fact: Whether imported inputs damaged during transit can be considered as used for the manufacture of specified goods.

Posted in Excise |   73 Views



Posted in Excise |   88 Views



Central Excise - Duty paid before Show cause Notice - interest and penalty liable : Karnataka High Court

Posted in Excise |   91 Views




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