much prior to the subsequent suit
since on the basis of wrongful debits made by the bank to the account
of the respondent ... distinct and
separate and cause of action subsequently arose because of the
wrongful acts of the bank depriving the respondent of various banking
facilities. Further
which no prudent businessman would do so;
that the assessee company wrongly debited to its profit and
loss account, the amount of interest towards acquisition
towards hospitality were debited and in respect of sale
promotion, amounting to Rs.535471.13 expenses were debited. Against
this, the assessee had deducted ... manner:
Total Expenses Debited to P & L A/c
Hospitality 3033633.00
Sales Promotion 535471.06
3569104.13
(Note: Amount of hospitality wrongly taken
as above instead
statement clearly showing as to whether the assessed had credit balance
or debit balance on the dates when the loan/advances were given ... held that the interest under Section
234B of the Act has been wrongly charged and deleted the same. The said order
dated 26.03.2000 passed
conditions
(a) and (b) shall be paid by the manufacturer by
debiting the CENVAT credit or otherwise.
6
Explanation II.- If the manufacturer fails ... same manner, as provided in rule 12,
for recovery of CENVAT credit wrongly taken.
(4) No CENVAT credit shall be allowed on capital
goods which
actually cleared and exported,
though, in RG-1, it was shown as debited for
clearance for export. Shri Mansukhani in his
statement conceded this factual ... submitted before us
that J.C. Mansukhani and Deepak Das had been wrongly
quoted in the SCN and the Commissioner's order. He
added
Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
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