Indirect taxes

285 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 27 June 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
24 June 2026
Senior Account (VA Client Operations)

Karbon Business

Bengaluru

CA Inter

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

Gowra Ventures Pvt Ltd

Hyderabad

CA

View Details
Company
05 July 2026
Financial Controller

NovumLake Partners

Mumbai

CA

View Details
Company
Featured 15 June 2026
Senior Auditor

N. Dhawan & Co

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details
Company
ARTICLESHIP 20 June 2026
Articleship

RB KESHRI & CO

Mumbai

B.Com

View Details
Company
06 July 2026
Accountant

Agarwal Anoop and Associates

Noida

CA Final

View Details