sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
Latest Expert Exchange
News Headlines »
 Tax on your gold and real estate investments
 Securities and Exchange Board of India (Mutual Funds) (Third Amendment) Regulations, 2018
 Have you filed your income tax? Remember these deadline nears; know from TDS, TCS to challan, forms
 Notification No. 96/2018 -Central Board Of Indirect Taxes And Customs
 Here’s how you can check your ITR refund status online
 Your tax form will be filled by the taxman Income tax return (ITR) filing
  Section 24 and Section 56 of the Banking Regulation Act, 1949 - Maintenance of Statutory Liquidity Ratio (SLR)
  Companies (cost records and audit) Amendment Rules, 2018
 Income tax, TDS rules explained in 10 points EPF withdrawal
 CBIC extends due date for filing of FORM GSTR-7 for the months of Oct to Dec till Jan 31st 2019
  How much income tax salaried individuals can save for FY 2018-19?

CBEC draws SC ire over faulty notices to tax defaulters
January, 30th 2009

While the Central Board of Direct Taxes recently got a go -ahead from the Supreme Court for its showcause notice to Vodafone, the Central Board of Excise and Customs (CBEC) has displeased the apex court by providing insufficient details in its showcause notices sent to defaulting assessees. The Supreme Court has dismissed the case.

Taking note of the ruling, CBEC chairman, PC Jha, has now sent a missive to field formations of the excise department, asking them to follow due diligence while sending such notices. Officials have been directed to examine the process of manufacturing and providing cogent reasons before sending such showcause notices seeking payment of excise duty.

Quoting the apex court's judgement, the CBEC chairman, in his letter, has instructed field formations that whereever excisability of a product is an issue, they must examine the process of manufacturing and the product itself. Their findings should then be incorporated in the showcause notice to strengthen their stance, the letter said.

The Supreme Court's decision comes in the wake of Shanmugananda Soapnut Works taking on the commissioner of Central

Excise, Bangalore, where the court refused to interfere, for want of allegations in the show cause notice and for want of specific findings

The assessee, a cosmetic company, manufactures Shikhakai powder by crushing shigekai pods. Contending that a herbal materialreetawas also mixed in the powder and deeming it as a manufacturing process, the Bangalore division of the central excise department served it a showcause notice for payment of excise duty.

But the notice failed to mention the details of the manufacturing process, on the basis of which the department had sought the payment of excise duty. The Court, in its ruling, observed that the adjudicating authority did not insist on examining the process undertaken by the assessee in conversion of pods into powder and asked the department to examine the manufacturing process in future before serving a showcause notice.

Home | About Us | Terms and Conditions | Contact Us
Copyright 2018 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Publishing Management System PMS News Management System Publishing Management System Development Online News Management System for media company custom Publishing management system development Survey management system Market Res

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions