Sir,

Kindly tell me about case law refrences where perssonnel summon/show cause notice can not be issued by the excise departement where company is taking full liability and giving proper reply of Show cause notice and summon.

Since I am a Manager in a limited comapny and Some time SCN and Summon is issued by the excise deptt for giving statement u/s 14 and SCN is issued in favour of the company as well as on the employee(in the perssonnel name).In this case I want to know whether perssonnel liabilty is arises under any Law. Pl. also tell me the that when company is giving proper reply of summon and Show Cauuse notice and taking full liabilty than perssonal summon may be dropped by the department or can not be issued in the perssonnle name of the employee .
Kindly tell me case law reference for my knowledge pl.

Thanks and regards.

Manish Jain

mjain@lc.jkmail.com
manish_ambika@yahoo.co.in
manishambika97@gmail.com

In the case of High Sea sale, whether the PO on Indian Seller can be raised in Foreign Currency?

If yes:-

Can we have the HSS agreement as well as the Domestic Sale Invoice raised in FC? as the sale is between 2 DTA's operating in India.

Please advise.......

Rajesh Venkitaraman

Hi,

Can anyone give me the formats of below Excise Register Reports.
1. RG 23 A Part II
2. RG I
3. PLA Report.
my Mail id is : ar.bhaskara@gmail.com

Thanks & Regards
Bhaskar

This is Ajith Kumar ( Head - Purchase ) from SPEL Semiconductor Ltd., Chennai.
We are a 100% EOU working under EHTP scheme registered with the Designated Officer, Software Technology Park of India (STPI), Chennai. We have the membership of Export Promotion Council also.

We are in need of expert advise with regard to reimbursement of excise duty paid on Fuels procured from Depots of Domestic Oil Company.

In this connection, please refer to the Policy Circular No.37 ( RE-2005)/2004-2009 dt. 5th Dec'05 issued by the DGFT .

As per the above mentioned circular , fuels procured from the depots of domestic oil companies on payment of excise duty by EOU/EHTP/STP/BTP will be eligible for reimbursement in the form of terminal excise duty in addition to drawback rates notified by DGFT from time to time provided the recipient unit does not avail CENVAT credit / rebate on such goods.

We would like to inform that we have been procuring High Speed Diesel Oil (HSD) from the depot of Indian Oil Company , Korukkupet, Chennai, on payment of applicable excise duty for the past few years. We have already filed some refund claim with JDGFT, Chennai, for terminal excise duty paid by us based on the above mentioned circular since we are not availing any CENVAT credit / rebate on HSD.

Unfortunately our refund claims were rejected by the JDGFT , Chennai office stating that we are a 100% EOU and advised us to approach Development Commissioner, MEPZ, Chennai. In this connection, please note that we already filed refund claim with Development Commissioner, MEPZ, Chennai , and they also rejected our refund claims highlighting that our unit is not coming under the jurisdiction of Development Commissioner, MEPZ, Chennai, as our registration is with the Designated Officer , Software technology Park of India (STPI) , Chennai.

STPI also made it very clear that they are coming under Ministry of IT and they do not give any refund.

We filed our refund claim with excise department, DC-MEPZ-SEZ- Chennai and JDGFT , Chennai and every body rejected our claim.

At this juncture, we would like to know who is the competent authority to sanction this refund claim and to whom we should file our refund claim for the terminal excise duty paid at the time of procurement of HSD Oil.

R Ajith Kumar ( Head - Purchase)
SPEL Semiconductor Ltd,
5, CMDA Indl. Estate,
MM Nagar ( Near Chennai)
Tamilnadu - 603 209
Tel : 044- 47405 411
Cell : 99400 49181
e-mail: ajith@spel.com
web: www.spel.com

If a Hotel ‘A” of Group “XYZ” is registered under the Service Tax Act and paying the service on the service provide by him like rent of Banquet Hall and Mandap Keepar

If the same hotel construct the other hotel building and he :

1. Purchase equipment and paid central Excise duty on it

My Query is :

Can he take the credit of Central Excise duty paid on the equipment

Can he adjusted the credit of excise duty against the the liability of service tax payment on Rent of Banquet Hall and Mandap Keepar

What will be difference he want to take the above credit or adjustment against the liability of any other hotel of Group “XYZ” .


pushpendra2@yahoo.com

Sir,
I am from Pharmaceuticals Co.
Pl advice for Excise duty on Phy.Sample should paid on PRO-RATA value of retail sales Price (RSP) or PRO-RATA value of Max. Retail Price(MRP)? If on RSP , it different to state wise , which RSP should be considered?
Thanks & Regards

My one of the Client i.e. L&T Surat want to avail the benefit of a notification issued u/s 5A of Central excise Act 1944 granting exemption of duty to excisable goods when used for specified purpose in that notification.
My Client has fulfilled all the conditions to avail the benefit and one copy signed by assistant commissioner has been forwarded to us.

Now my question is: whether i Can avail the cenvat Credit on inputs acquired to manufacture the goods for L&T or not.

Kindly Reply Only on Today, its urgent

Regards,

CA Mridula Goyal

Dear Friends,

My one of the Client i.e. L&T Surat want to avail the benefit of a notification issued u/s 5A of Central excise Act 1944 granting exemption of duty to excisable goods when used for specified purpose in that notification.
My Client has fulfilled all the conditions to avail the benefit and one copy signed by assistant commissioner has been forwarded to us.

Now my question is: whether i Can avail the cenvat Credit on inputs acquired to manufacture the goods for L&T or not.

Kindly Reply Only on Today, its urgent

Regards,

CA Mridula Goyal

This type of sentence we can see in many notifications of Central Government/CBEC. For Example Notification No.7/2008-Central Excise (N.T.) the link of which is as below.

http://www.cbec.gov.in/excise/cx-act/notfns-2k8/cent07-2k8.htm

Now, the question is how we can know about the date of its publication in Official Gazette.

What is the purpose achieved by asking client to reconcile his sales turnover reported in excise returns for the entire financial year with the turnover reported in the financials(i.e. Profit and loss A/c)? Basically i wanted to know why is a client asked to prepare reconciliation statement of excise with financials. According to me sales turnover reported in financials should reconcile with his sales tax returns because Excise duty is payable on production stage.