Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Central Excise - Highlights / Catch Notes

Home Highlights May 2024 Year 2024 This

The case before CESTAT Bangalore involved the levy of National ...


CESTAT held that chassis doesn't emerge at intermediary stage for dumpers, hence NCCD not leviable.

Case Laws     Central Excise

May 23, 2024

The case before CESTAT Bangalore involved the levy of National Calamity Contingent Duty (NCCD) on chassis captively consumed in the manufacture of Dumpers. The tribunal held that the chassis did not come into existence at the intermediary stage, as per Chapter Heading and HSN Notes, and therefore, was not dutiable. The question of captive consumption and exemption under N/N. 67/95 did not arise. The impugned order was set aside, and the appeal was allowed. The decision was based on the interpretation of legal provisions and previous rulings in the appellant's favor.

View Source

 


 

You may also like:

  1. Credit of NCCD on POY - the utilization of credit of NCCD for the purpose of payment of NCCD on POY cannot be challenged - AT

  2. The case involved a 100% EOU under the EHTP scheme using CENVAT Credit for NCCD on Mobile Phones in DTA. The Tribunal held that NCCD is akin to excise duty, allowing the...

  3. Classification of the service - Intermediary Service - activities carried out by the Appellant in India would constitute a supply of “Other Support Services” - The...

  4. Refund of unutilised CENVAT credit paid - intermediary - There is no allegation that the appellant was involved in any way, either in purchase or sale of goods or even...

  5. Requirement of pre-deposit at the stage of filing appeal before CESTAT (second appeal) - in the case of second appeal before CESTAT, the appellant is required to pay...

  6. The court held that the petitioner was not an intermediary but directly engaged in providing services to an entity outside India. The respondents erroneously classified...

  7. Demand of National Calamity Contingent Duty (NCCD) - classification of goods - heavier hydrocarbons - The show cause notices, in the present Excise Appeal, proceed on...

  8. The respondent's services rendered to their parent company in the USA are classified as an 'intermediary service' or 'export service'. The basic requirement for an...

  9. Classification of services provided by Grant Thornton, India to develop the "Grant Thornton" brand name and the payment received towards reimbursement of "Brand...

  10. Computation of Brand rate of Drawback - section 129A(1)(b) of the Customs Act, 1962 - Whether NCCD levied under section 134 of the Finance Act, 2003, is a customs duty...

  11. Liability of National Calamity Contingent Duty (NCCD) - NCCD is in the nature of excise duty and is, thus, entitled to the benefit of the exemption notification

  12. Utilization of Cenvat credit of basic excise duty for payment of National Calamity Contingent Duty (NCCD) - there is no bar in utilization of basic excise duty for payment of NCCD.

  13. Eligibility of dumpers imported for Coal Mines for benefits under Project Import Regulations- reg. - Order-Instruction

  14. GST Rates - HSN Code - NCCD Shall continue to be levied on tobacco and tobacco products at the rate as applicable prior to 1st July, 2017 - Since NCCD is a duty of...

  15. CENVAT credit - capital goods - dumpers and tippers falling under chapter 87 are not eligible for credit - However, dumpers and tippers where supplier has classified...

 

Quick Updates:Latest Updates