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Showing 41 to 60 of 146 Records Search Text: Vam organic chemicals limited |
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2017 (12) TMI 779 - BOMBAY HIGH COURT The Court declared Rules 23 to 62 of the Bombay Denatured Spirit Rules, 1959, as ultra vires and unconstitutional. It held that no license is required under the Maharashtra Prohibition Act for activities involving denatured spirit. The Court clarified that the State's power is limited to ensuring rectified spirit is not diverted for potable purposes. The Writ Petitions were made absolute with no order as to costs.
2012 (4) TMI 362 - CESTAT, MUMBAI The Tribunal held that towers, prefabricated buildings (PFBs), printers, and office chairs were not considered 'capital goods' or 'inputs' under the CENVAT Credit Rules, 2004, thus denying CENVAT credit. Antennas were allowed credit as they directly contributed to output services. The limitation period for demands was remanded for further review, and penalties under Rule 15 were also subject to reconsideration based on the appellant's conduct. The Tribunal acknowledged both parties' arguments but ultimately ruled against the appellant regarding CENVAT credit eligibility.
1997 (11) TMI 516 - Supreme Court The Supreme Court upheld the High Court's decision that the State Legislature lacked the competence to impose excise duty on rectified spirit unfit for human consumption. The Court focused solely on the question of refund, ruling in favor of the respondent. The affidavit submitted by the respondent's representative demonstrated that the excise duty paid on the import of rectified spirit for manufacturing copper did not lead to unjust enrichment as it was not passed on to consumers. As a result, the appeals were dismissed, with no costs awarded.
2007 (10) TMI 624 - Supreme Court The High Court held the levy of licence fee on the sale of specially denatured spirit to be illegal, directing a refund with interest. It ruled that the fee was beyond the State's legislative powers. The State's authority to regulate denatured spirit was limited to preventing misuse as intoxicating liquor. The Court's decision was based on the interpretation of relevant statutes and constitutional provisions. The Supreme Court posed several questions for a larger Bench to address regarding the legislative competence and interpretation of the laws in question, directing the matters to the Chief Justice of India for consideration.
2005 (1) TMI 122 - Supreme Court The Supreme Court upheld the legislative competence of the State Legislature to redefine "intoxicant" in the Bihar Excise Act, 1915, to include "medicinal and toilet preparations" containing alcohol. It found no conflict with Central laws and affirmed the authority of the State Government to regulate Ayurvedic medicinal preparations. The Court dismissed claims of violation of Articles 14 and 301, ruling that the fees levied were regulatory and reasonable. The appeals were allowed, the High Court's judgment was set aside, and the Bihar Excise Act, 1915, along with the impugned notifications, were upheld. Manufacturers were given a compliance period to obtain licenses.
1998 (1) TMI 153 - CEGAT, NEW DELHI The Appellate Tribunal CEGAT, New Delhi ruled that the margin of profit of the buyer cannot be included in the assessable value under Rule 6(b)(ii) of the Central Excise (Valuation) Rules, 1975. The Tribunal set aside the Assistant Collector's approval of the price list with a 10% profit margin on raw materials, and allowed the appeal.
2019 (4) TMI 1632 - UTTARAKHAND HIGH COURT The court held that the sale of khair wood by the Corporation to the petitioner is an intra-State sale, not an inter-State sale, as there was no integral link between the contract of sale and the movement of goods between states. The petitioner, who used the wood for manufacturing another product, was not entitled to a refund of excess tax paid under the doctrine of unjust enrichment. The State's appeal was allowed, and the petitioner's appeal was dismissed, affirming the petitioner's liability to pay tax under Uttarakhand Sales Tax laws.
2005 (2) TMI 554 - CESTAT, NEW DELHI The Tribunal ruled in favor of the Appellants, M/s. Kisan Sahkari Chinni Mills Ltd., in the case concerning the assessable value of Ethyl Alcohol Denatured under Section 4 of the Central Excise Act. The Tribunal found that the price charged by the Appellants to M/s. Vam Organic Chemicals Ltd. should be considered the normal price under Section 4(1)(a) as it was the sole consideration for the sale and the buyer was not a related person. Consequently, the Tribunal set aside the orders and allowed the appeals, emphasizing the application of Section 4(1)(a) in determining the assessable value.
2004 (6) TMI 550 - CESTAT, NEW DELHI The Tribunal ruled in favor of the appellants, setting aside the duty demand, penalties, and confiscation of goods imposed on M/s. Pace Marketing Specialities. It found insufficient evidence to support the allegations of clandestine production and clearance of goods, noting that the goods were lawfully cleared and resold. The penalties and redemption fines were deemed not sustainable, leading to the allowance of both appeals and the directive to return the pre-deposits made by the appellants promptly.
2011 (3) TMI 1526 - ALLAHABAD HIGH COURT The court held that the amendments to the U.P. Sheera Niyantran Adhiniyam, 1964, specifically clauses 2(d1), 8(4), and 8(5), were invalid. The State Legislature lacked the competence to impose administrative charges on the transfer of molasses for captive consumption. The imposition of administrative charges was deemed unconstitutional, arbitrary, and beyond the State's legislative competence. The court also determined that the charges were a tax, not a regulatory fee, due to the lack of quid pro quo. Consequently, all proceedings under the amended provisions were declared illegal and set aside.
2007 (4) TMI 659 - ALLAHABAD HIGH COURT The High Court upheld the Trade Tax Tribunal's decision to include high-speed diesel in the Central Registration Certificate for a business dealing in manufacturing and sale of brass artwares. The Court relied on precedents establishing that fuel used in running generator sets is part of the manufacturing process, entitling it to tax benefits under the Central Sales Tax Act and Rules. The revision filed by the Revenue was dismissed, affirming that fuel or lubricants used in manufacturing or power generation processes are eligible for concessional tax rates.
2022 (6) TMI 140 - ALLAHABAD HIGH COURT The court dismissed the writ petition, upholding the levy of Consideration Fee/'Pratiphal Shulk' on the excess transit loss of High Strength Malt Spirit (HSMS) and emphasizing the applicability of regulatory provisions for transportation of intoxicants within the State. The court also highlighted the procedural impropriety in the recovery of disputed amounts before the expiry of the limitation period for filing a revision.
2007 (6) TMI 491 - KARNATAKA HIGH COURT The court dismissed the writ petition challenging the constitutional validity of the amended Act regarding denatured spirit inclusion in the VAT Act. The court held that the State had the legislative competence to levy tax on denatured spirit sales and that the tax imposition did not amount to discrimination. The court ruled that the provisions were not unconstitutional, emphasizing that regulating denatured spirit trade fell within the State's jurisdiction. The petitioner's claims of colorable exercise of power and discrimination were rejected, affirming the validity of the amended Act.
2006 (1) TMI 52 - CESTAT, NEW DELHI The Tribunal partially allowed the appeal, setting aside the Commissioner (Appeals)'s decision on the liability issue. It emphasized the importance of a legal basis for determining tax liability and the necessity of authorization in tax matters. The case involved disputes over service tax liability between April 1999 and August 2002, interpretation of post-amendment Service Tax Rules 1994, applicability of tax liability on payments to foreign service providers, liability for specific premises, and authorization for payment of service tax on behalf of the service provider. The Tribunal's decision highlighted the significance of clear authorization in tax obligations.
1997 (9) TMI 128 - HIGH COURT OF JUDICATURE AT ALLAHABAD The Court ruled in favor of the petitioner, holding that the State lacked authority to levy duty on industrial alcohol not intended for human consumption. The order imposing Central Excise duty and penalty was quashed, with the Court emphasizing that until rectified spirit is cleared for potable purposes, only the Central Government can levy excise duty. The petitioner's challenge succeeded, with no costs awarded, based on the interpretation of relevant constitutional provisions and past Supreme Court decisions.
1995 (1) TMI 218 - CEGAT, MADRAS The Appellate Tribunal allowed the appellants' application seeking dispensation of pre-deposit of duty and penalty imposed under the impugned order. It held that PVC ink qualifies as an intermediate product under Rule 57D(2), allowing MODVAT credit for duty paid on inputs used in manufacturing. The Tribunal considered the ruling of the Madras High Court in Pond's India case, remanding the matter for reconsideration in light of the High Court's decision on admissibility of input credit. The decision emphasized upholding principles of natural justice and legal procedure.
1993 (5) TMI 85 - CEGAT, BOMBAY The Tribunal held that Modvat credit on molasses can be used for duty on Vinyl Acetate Monomer (VAM) production. The amendment to Rule 57D, specifying intermediate products under a notification, was deemed substantive, not retrospective. The appellant was granted the credit as industrial alcohol was not listed in the notification, overturning the initial rejection.
2020 (10) TMI 1003 - BOMBAY HIGH COURT The High Court of Bombay stayed a notice provisionally attaching a company's bank account under the Maharashtra Value Added Tax Act, 2002, regarding the taxability of Extra Neutral Alcohol and Rectified Spirit under GST or VAT. The court directed the stay upon the petitioner furnishing a bank guarantee of 50% of the differential amount between GST paid and VAT quantified within three weeks, with further consideration scheduled for December 3, 2020.
2017 (9) TMI 1901 - Supreme Court The Supreme Court addressed the levy of transit fees by Uttar Pradesh, Uttarakhand, and Madhya Pradesh on forest produce, ruling against excessive amendments to the Uttar Pradesh Transit of Timber and other Forest Produce Rules. The Court clarified the definition of "forest produce" and affirmed the legality of transit fees on processed goods like stone grits and minerals. It also allowed for the refund of fees collected under invalidated rules, subject to certain conditions. Additionally, a separate judgment favored Madhya Pradesh, upholding its authority to fix transit fees under relevant rules.
2009 (3) TMI 963 - ALLAHABAD HIGH COURT The Trade Tax Tribunal's decision to impose a penalty on the assessee for violating section 4B(5) of the U.P. Trade Tax Act was challenged in a revision under section 11(1). The argument centered on the exemption under section 4A, contending that no tax liability meant no penalty for stock transfers. The comparison with section 4B(6) raised questions about the penalty's applicability. Ultimately, the revision was allowed, ruling the penalty unjustified due to the assessee's exemption status, emphasizing the importance of accurate assessment and legal interpretation in penalty cases.
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