Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Levy of Clean Energy Cess (CEC) and central excise duty (CED) on raw coal arises at the time of removal from the mines; 'place of removal' is the mine and payment follows the prescribed manner. Coal cleared to an on-site captive power plant cannot be treated as 'used for raising' coal and thus is not automatically excluded from CEC/CED, and exemption notification 67/95-CE does not apply to such mine clearances. Discrepancies between statutory returns do not by themselves sustain a demand; the factual matrix and account reconciliation must be verified and duties recalculated where short payment is found.
Levy of Clean Energy Cess (CEC) and central excise duty (CED) on raw coal arises at the time of removal from the mines; 'place of removal' is the mine and payment follows the prescribed manner. Coal cleared to an on-site captive power plant cannot be treated as 'used for raising' coal and thus is not automatically excluded from CEC/CED, and exemption notification 67/95-CE does not apply to such mine clearances. Discrepancies between statutory returns do not by themselves sustain a demand; the factual matrix and account reconciliation must be verified and duties recalculated where short payment is found.
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