Search Results Page
Search Results
1 - 8 of 8 (0.29 seconds)L.H. Sugar Factories Ltd. And Ors. vs Cce on 1 January, 2004
In terms of the Tribunal judgment in the case of L.H. Sugar Factories Ltd. v. CCE which has been affirmed by the Apex Court as reported in 2005 (187) ELT 5 (S.C.) the demands are not sustainable on this count. Further more, the plea raised by the appellants that the security deposits which were shown as "Other Income" are returnable and is returned subsequently. The same was reflected in the Profit and Loss Accounts. In view of the having strong case in favour of the assessee, prima facie the stay application is allowed by granting waiver of pre-deposit of the amount and staying its recovery till the disposal of the appeal. As the amount involved in the matter is more than 05 Crores including the penalty, the appeal is listed for out of turn hearing on 11th June 2007.
Section 76 in Finance Act, 1999 [Entire Act]
Laghu Udyog Bharati And Anr vs Union Of India And Ors on 27 July, 1999
Therefore in terms of the Apex Court judgment rendered in the case of Laghu Bharati v. Union of India 1998 (112) ELT 365 (S.C.), the demand cannot be sustained as the explanation was inserted in the retrospective amendment of the Finance Act, 2000 which was not supported by the show cause notice issued before the amendment.
Section 78 in Finance Act, 1999 [Entire Act]
Finance Act, 2020
Section 77 in Finance Act, 1999 [Entire Act]
B.S. Refrigeration Ltd. vs The Commissioner Of Service Tax on 16 June, 2006
This point has been dealt with by this Bench in the case of B.S.R. Refrigeration Ltd. (supra) and the appeal has been allowed. The ratio of the said decision is clearly applicable to the present case.
1