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 February 2025 Year 2025 This

CESTAT held that affixing MRP on imported electrical home ...


Affixing MRP on Imported Electrical Appliances Qualifies as Manufacture Under Section 2(f)(iii), CENVAT Credit Allowed

February 25, 2025

Case Laws     Central Excise     AT

CESTAT held that affixing MRP on imported electrical home appliances constituted 'manufacture' under Section 2(f)(iii), making it liable for excise duty. The appellant was entitled to CENVAT credit on previously paid import duty. The tribunal rejected the extended period of limitation due to lack of willful suppression, restricting duty demand to normal period (03/2015-10/2016). While mandatory interest was upheld, penalties under Rule 25 and Rule 26 were set aside. Seizure and confiscation of goods were deemed unjustified. Matter remanded to adjudicating authority for computing duty liability, interest, and CENVAT credit entitlement. The appeal was partially allowed through remand.

View Source

 


 

You may also like:

  1. CVD demand on the imported goods based on MRP as the goods were imported in 20 kg packing having no MRP declared on the imported package - The appellants affixed the...

  2. Process amounting to manufacture or not - activity of “labelling or relabeling, declaration by affixing fresh Maximum Retail Price (MRP) stickers” on each unit pack, by...

  3. Rate of tax on electrical washing machines - electrical appliances are quite different from electronic appliances and therefore electrical goods which are not to be...

  4. Import of Barcode Printers - additional duty of customs under Section 3 of the Customs Tariff Act - whether the appellant are required to affix MRP – held yes - AT

  5. Affixing of MRP on imported goods - sale to institutional consumers - Valuation for the purpose of levy of CVD - Manufacture - decided against the assessee - AT

  6. MRP based valuation - some of the dealers were ultimately selling these television sets on MRP higher than affixed by the assessee - no demand can be made against the assessee - AT

  7. MRP based valuation - imports - the appellants are importing the goods not for retail sale but for repacking, labelling and branding and selling the same in bulk - No...

  8. Valuation of imported goods - MRP based valuation or transaction value - CVD - AT

  9. MRP Based Valuation - it was alleged that the assessee removed the MRP sticker - There is no further allegation that any new MRP sticker were affixed to the goods in...

  10. Valuation and Refund - insecticides/pesticides - pouch of 10gms or less than 10gms not required to pay duty - in terms of the provisions Section 2(p) of the Standards of...

  11. Waiver of pre deposit - assessment of physician samples - appellants were distributing the medicaments as free samples to physicians. In this case the free samples are...

  12. Methodologies for re-determination of CVD payable on imports on MRP basis - Imports of notebook / laptop computers - The tribunal found that there was no statutory...

  13. Affixing of bar code and MRP or imported goods - deemed manufacture - held that:- the provisions of Section 2(f)(iii) of the Central Excise Act are attracted. - AT

  14. MRP based Valuation u/s 4A - affixing of sticker showing revised MRP over the printed MRP on the packages is in accordance with Rule 6 of the Standards of Weight and...

  15. Demand of amount collected in the name of duty u/s 11D - CENVAT credit - inputs or capital goods - imported Box Strapping Machines - the appellant have cleared the...

 

Quick Updates:Latest Updates