Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

2006 (10) TMI 298

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Shri S. Krishnamurthy, Consultant, for the Respondent. [Order per : S.L. Peeran, Member (J)]. -  The Revenue is aggrieved with Order-in Appeal No. 144/2003-C.E., dated 20-11-2003 by which the Commissioner (A) has accepted the assessee's contention in the light of several judgment of the Tribunal that duty cannot be confirmed including fine and penalty in respect of clearance of spent ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 3. The learned Counsel submits that the Larger Bench judgment in the case of Markfed Vanaspati & Allied Industries (supra) has held that spent earth is not manufactured item and not excisable. This Larger Bench judgment has been affirmed by Apex Court as reported in 2003 (153) E.L.T. 491. He referred to this Bench's order dismissing Revenue appeal against CCE, Hyderabad v. Aurobindo Pharma....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... - 2005 (190) E.L.T. 33 (Tri.-Mumbai) He also relied on the following Supreme Court decisions. (i) UOI v. Ahmedabad Electricity Co. Ltd. - 2003 (158) E.L.T. 3 (S.C.). (ii) CCE, Patna v. Indian Tube Co. Ltd. - 1995 (77) E.L.T. 21 (S.C.). 4. The learned JDR reiterated the departmental view. 5. On a careful consideration, we notice that the Commissioner (A) has anal....