Dozen Excise Officers shunted amidst allegations of nexus with evaders

the Appellate Tribunal was right in holding that the second reassessment proceedings were not validly initiated and thereby quashing the reassessment proceedings-the proceedings initiated by the AO for the second time under Section 147 is barred by limitation-even the proviso to Section 147 does not come into play on the facts of the case-AIT-2010-373-HC Even if the goods belong to same entry, manufacture does take place if new identifiable/marketable goods known in market emerge due to operation conducted-the process of ironing applied to the stiched brassieres prior to their packing was a process incidental to the completion of the brassieres as a manufactured product-process of purification and filtration being incidental or ancillary to the manufacture of a marketable product, the Respondent was entitled to Modvat credit on the inputs involved-AIT-2010-370-HC Larger Bench of CESTAT rules the Tribunal has ample power to condone the delay in filing the appeal including the one filed under section 35 E (4)-AIT-2010-372-CESTAT Corruption in IRS takes its toll-Deputy Commissioner of Income Tax Dhananjay Kumar arrested by CBI in Mumbai-Joint Commissioner of Customs & Excise Hemant Kothikar also arrested by CBI FM directs expediting of Cadre Restructuring in CBDT & CBEC Tariff Value for import of Brass Scrap is 3924-Customs Non-Tariff Notification No. 78 Chief Justice of Gauhati High Court Justice Ranjan Gogoi to be Chief Justice of Punjab & Haryana High Court Anti-dumping duty on imports of Acrylic Fibre originating in, or exported from Japan and Belarus-Customs Tariff Notification No.85 Prescribing SION for new product “Propylene” under Chemical & Allied Products Group-DGFT PN 7 Inclusion of Finished Leather in the Focus Product Scheme of FTP-DGFT PN 6 Exchange Rate for imported goods is Rs 47.25 per US Dollar and Rs 60.35 per EURO-Exchange Rate for export goods is Rs 46.30 per US Dollar and Rs 58.70 per EURO-Customs Non-Tariff Notification No. 77-Click on Exchange Rate for details Anti Dumping Duty under the Notification No.15/2007 is not applicable to Spandex Yarn (Elastomeric yarn)-Customs Circular No.30 Import of goods under Notification No.13/2010 for Commonwealth Games, 2010-Customs Circular No.31 Larger Bench of CESTAT rules charges towards pre-delivery inspection and after-sale-service by dealers from buyers of the cars to be included in the assessable value of cars for payment of excise duty-AIT-2010-366-CESTAT merely because there was non accounting of goods, penalty was technical and inference of clandestine removal was not called for-AIT-2010-365-HC ITAT rules provision for doubtful debts and provision for standard debts are to be taken into consideration for computation of book profit u/s. 115JB of the IT Act-AIT-2010-361-ITAT HC rules slitting of aluminum foils into customized width, mounting the same on the printing machine and thereafter printing the necessary text thereon is covered for 80IB benefit as it falls within the ambit of the term “produce”-AIT-2010-363-HC Definitive Anti-dumping duty imposed on imports of Coumarin, originating in, or exported from China-Customs Tariff Notification No. 82 Special Bench of ITAT Ruling-where a forward contract is entered into by the assessee to sell the foreign currency at an agreed price at a future date falling beyond the last date of accounting period, the loss is incurred to the assessee on account of evaluation of the contract on the last date of the accounting period i.e. before the date of maturity of the forward contract-AIT-2010-355-ITAT-SB

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Dozen Excise Officers shunted amidst allegations of nexus with evaders

AIT News Network

AHMEDABAD. Gujarat which is considered as most lucrative posting for Central Excise Officers has become a battleground of Anti-Corruption investigations close on the heels of Raids organized by DGCEI(Directorate General of Central Excise Intelligence) on Ceramic Units of Morbi.

· During the raids which were planned with a poor strength of Officials that too without help of Police; the Additional Director of DGCEI, Shri Shrawan Kumar and several Officers of his team were beaten up by the Mob and the seized documents were burnt and laptops were destroyed. The Officials had to run for their life and four of them were hospitalised. Lateron the Jurisdictional Officers were called for assistance who reluctantly helped in the matter.

· A Police case has been lodged against mob of 100 odd unknown workers for attacking the Officials. Though some workers have also labeled conter allegations of using third degree methods against the Officials.

· As a fallout of the raids; the blame game has begun within the Department with the Central Excise Commissionerate and DGCEI blaming each other. While DGCEI has alleged non-cooperation by Excise Officials; the Commissionerate Officials have allegedly blamed encroaching into their territory without intimating them and in turn getting injured by the attack of the mob due to ill planned raids.

· Several Senior Central Excise Officials including Commissioner of Central Excise Rajkot, Deputy Commissioners and other Officers have been reportedly transferred on charges of alleged corruption and nexus with the excise evading ceramic tile manufacturing units situated in Morbi, Rajkot. An investigation in the matter has already been initiated by CBEC and if the things do not get sorted out the matter may even go to CBI.

· Mr Vasudeva Commissioner of Service Tax Ahmedabad, who is known for his integrity and unblemished record, has been given additional charge of Commissioner of Central Excise, Rajkot with immediate effect.This is a second instance in last one month where DGCEI has managed to get the jurisdictional Commissioner transferred.

· A Joint Commissioner of Central Excise(Anti-Evasion) posted in Gujarat was recently arrested by CBI while taking huge amount as bribe through his tout for helping an Industrialist in a case booked against him. His tout based in Ahmedabad was also arrested by CBI.

· Deputy Commissioner of Central Excise Rajkot S.P. Gawade has been shunted to NACEN Kolkata while DC, GB Rao has been shunted to DGICCE, Hyderabad. It is also learnt that axe will fall on many more Officers who are also going to be shunted in a day or two.

· Morbi Ceramic Industry is one of the biggest Industrial Zone for manufacturing Ceramic Tile. It is high time FM should consider lowering of excise duty in Budget on evasion prone commodities to attract voluntary compliance. There can be slab system of excise payment where more the turnover; lesser the excise.

· Will not every manufacturer claim that his turnover is higher?

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