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1 - 10 of 20 (0.91 seconds)Section 88 in Finance Act, 1999 [Entire Act]
Finance Act, 1999
M/S Caprihans India Ltd vs Commissioner Of Central Excise on 31 March, 2016
4.3 We also set aside the impugned Commissioner (Appeal)'s order as it
has traveled beyond the charges elicited in the show cause notice and in the
impugned Order-In-Original While holding the above view, we rely on the
Hon'ble Supreme Court decision case of the Caprihans India Ltd. Vs.
Commissioner of Central Excise reported in 2017 (51) S.T.R 239(S. C).
Paper Products Ltd vs Commnr. Of Central Excise, Mumbai on 12 July, 2007
and Paper Products Ltd. v. Commissioner of Central Excise - 1999 (112) E.L.T.
765 (S.C.) = (1999) 7 SCC 84. If the aforesaid principle is applied to the facts of the
present case there does not remain any doubt that the circular issued by the Board is
to be considered as binding and cannot be deviated even by the department. On that
account also the expression 'clearing and forwarding agent' have to be interpreted in
the light of the circular. "
Jain Bros. & Others vs The Union Of India & Others on 18 November, 1969
21. Yet, in another case of KaramchandThapar& Bros v. U.O.I., Hon'ble High Court
of Calcutta, in their judgment dated 22-7-09 had held as under :
Commissioner Of Central Excise vs M/S Kulcip Medicines (P) Ltd on 24 February, 2009
67. The Court further held and observed that if, a person rendered service as
"Forwarding Agent" without rendering any service as "Clearing Agent", he could
not be brought within the tax net, since he could not be deemed to have rendered
both services."
M/S. Larsen & Toubro Ltd vs Cce, Chennai on 12 June, 2014
23. Coming to the aspect of expressions in the definition of clearing &
forwarding agent, more specifically "directly or indirectly", "in any manner", we find that
the larger bench of this Tribunal, in case of Larsen & Toubro v. C.C.E. Chennai, 2006 (3)
S.T.R. 321 (Tri-LB) (wherein, I was also one of the Member), had specifically held in Para
10, which is reproduced below :