Anonymous
25 December 2009 at 15:12
Hello People,
I am facing a problem with a litigation in excise. It will be very generous of you if you can provide me some help.
The case is:
We manufacture both dutiable and exempted goods. We have received a notice from commissioner regarding payment of duty amounting to 8% of total price of exempted goods cleared from the factory. The commissioner has relied on rule 6(3)(b) of CENVAT Credit rules 2004.
We had oversightly availed credit on service tax of Rs 1,46,921, we maintained separate accounts for dutiable and exempted goods but it was very difficult for us to maintain different accounts for the services. Hence the commissioner has asked us to pay 8% of total sale of exempted goods which amounts to Rs. 2,67,94,099. It is worth noticing that we reversed the credit before any show cause notice from the department. The credit reversed consisted of credit 1. taken for excisable product and 2. exempted products, which in totality means that we reversed the full credit+penalty(which was calculated by us by their methods).
There are many cases in which there were judgement that ‘ if full credit is reversed it is equal to no credit taken’. Commissioner gave a decision against us and we are now in cestat against the decision given by commissioner.
Kindly, guide me if I am justified with my explanation?
Regards
dasd
22 December 2009 at 17:33
K
assessee (Mr A) has 5 business i.e. sorce of income
1. manufacturing cigrattes--35 lac
2. manufacturing toys---15 lac
3. retailer------40 lac
4. profession----38 lac
5. services (supporting)--4 lac
for calculating limit of 40 lacs whether all should be clubbed or only business of same nature should be clubbed & 3 audit reports should be prepared (1 for 2 manufacturing bs+1 for retail+1 for professon+servics)+(1 computation for all)?????????????????
Parveen Kr. Aggarwal
20 December 2009 at 14:51
What is the upper limit of number of partners in a partnership firm in India?
Shree.
20 December 2009 at 12:13
Generally, in Criminal Cases, summons and warrants are not returned served or
unserved, under the circumstances, what can be done in this situation?
Ashvin Khambhata
20 December 2009 at 10:39
Dear Sir
Wheather any govrenment circular can be exibited during criminal trial ?what is procedure to be followed?
deepak K Gujrati
20 December 2009 at 08:55
Can Department use information gathered from private sources against assessee
faisal`
19 December 2009 at 11:35
Dear sir,
We wont to file a criminal case aginst a person who is oding gundagiri with my parents ..we have registered 3 complaint sgainst him at oshiwara police stn...kindly let me know hoe much time will it take to file a criminal case..
Adinath@Avinash Patil
22 August 2009 at 21:44
What is the Existing legal libility to prove in pvt.complaint u/s 138.
aparna
13 August 2009 at 13:53
I read an article in the "Sakal" marathi newspaper. In the said article the wife had filed a complaint against her husband and in-laws after about an year. The article stated that the husband resides in some area near Parwati, Pune (MAharashtra), the wife stays in Baroda(Gujarat) with her parents. The article stated that the Gujarat police on getting a complaint had acted on the complaint and arrested the husband and his parents under S. 498 A. question I want to ask is that under what section can this be done? Mine is a similar case but when I went to the police station, my complaint was rejected on the ground that the husband not residing in the same town S. 498 A cannot be attracted If S, 498A can be applied in the abovestated case why not in my case? So i wanted to know how and under what provisions can it be done?
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police are not registering f.i.r.
dear sir,
facts of the case:
my client by profession is a lecturer in one of college in hyderabad,prior to working in hyderabad he used to work in vijaywada dist of a.p.,the student of my client came to my client's residence in hyderabad and ask him for his bike,my client believing that he is his ex student he gave his bike to the student, at the time of taking bike from my client he promises that he would return the bike in few hours, whereas the student failed to return the bike to my client,when my client enquired about his student in vijaywada as the student is from vijaywada it is found that now he is chating many people like this.
as my client came to know that he has been cheated by his student he went to the police station to complain about the incident whereas the polce have refused my clients complaint to register.
in this situation what i and my client can do and please also tell under what section of i.p.c. and cr.p.c. cases can be registered. and what are my client's rights in this case.