Search Results Page

Search Results

1 - 6 of 6 (0.31 seconds)
Documents citing Precision Fasteners Ltd & vs Commissioner Of Central Excise & 2 on 4 December, 2014

Commissioner Of Central Excise vs The Star Drugs & Research Labs Ltd on 6 June, 2016

15. While considering the challenge to the proceedings initiated by the Department, by invoking Rule 8(3A) of the Central Excise Rules, 2002 and the consequential orders passed by the original authority or appellate authority, as the case may be, in demanding duty along with interest, the Hon'ble Division Bench of this Court in Malladi Drugs & Pharmaceuticals' case (cited supra), has also considered yet another decision of Gujarat High Court in Precision Fasteners Ltd., v. CCE reported in 2014 (12) TMI 655, wherein, at Paragraphs 4 to 7, the Court held as follows:
Madras High Court Cites 14 - Cited by 0 - S Manikumar - Full Document

M/S A.R.Metallurgicals P.Ltd vs The Customs on 27 March, 2015

and in Precision Fasteners Ltd., v. Commissioner of Central Excise, 2014 TIOL 2211 HC-AHM-CX, declaring that the condition contained in sub-rule (3A) of Rule 8 of the Central Excise Rules, 2002 for payment of duty without utilizing the CENVAT credit till an assessee pays the outstanding amount including interest is unconstitutional and that the subsequent proceedings initiated by the Department for demanding tax were set at naught, which were followed by us in a batch of writ petitions in W.P.Nos.2506 of 2011 etc., dated 27.3.2015 (M/s Malladi Drugs & Pharmaceuticals Ltd., Ranipet etc., etc., v. Union of India rep. by its Secretary, Ministry of Finance etc.) deciding the issue in favour of the assessees therein for the reasons stated therein, following the same, this civil miscellaneous appeal is allowed and the substantial questions of law are answered in favour of the assessee and against the Department. Consequently, M.P.No.1 of 2011 is closed. No costs.
Madras High Court Cites 5 - Cited by 0 - R Sudhakar - Full Document

M/S Impact Metal Parts Pvt.Ltd vs Cce Vadodara-Ii on 19 December, 2014

4. Ld.Advocate further submits that the case of Indsur Global Ltd (supra) was followed by the Honble Court in the case of Precision Fasteners Ltd Vs CCE  2014-TIOL-2111-High Court-AHM-CX,. In any case, I find that the appellant paid the amount through CENVAT account and there is a delay of payment of interest of Rs.627.00. So, the appellant has made out a strong prima facie case for waiver of pre-deposit of entire amount of duty along with interest and penalty. Accordingly, the pre-deposit of entire dues is waived.
Custom, Excise & Service Tax Tribunal Cites 4 - Cited by 1 - Full Document

M/S Twenty First Century Wire Rods Ltd vs Commissioners Of Central Excise on 7 October, 2015

In the case of precision fasteners Ltd. (supra) the Honble Gujarat High Court allowed the appeal of the appellant on the ground that the demand based of rule 8(3A) of the Rules 2002, which have been held as ultra virus. On a query from the Bench, the Learned Advocate submits that there is a contravention in payment of duty for the month of July 2006 to April 2007 and minimum penalty may be imposed. In our considered view, in view of the decision of the Honble Gujarat High Court, which has followed by the Tribunal in the various cases demand of duty cannot be sustained.
Custom, Excise & Service Tax Tribunal Cites 3 - Cited by 0 - Full Document
1