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Cabinet approves 309 Km long new line between Mumbai and IndoreKGST - As is trite law, a suit filed prior has to be adjudicated so as to bar a suit filed subsequently & that doctrine of res judicata is inapplicable without a previous adjudication: HCCabinet approves seven major schemes for improving farmers' lives and livelihoodsGST - Adjournment was granted for two weeks but the proper officer passed the orders before the period was over - Orders set aside and matter remanded: HCCabinet approves one more semiconductor unit under ISMTurkey keen to join BRICS in effort to look beyond WestGST - Shipping bill can be considered as an application for refund of IGST in terms of rule 96: HCCabinet approves Digital Agriculture Mission with outlay of Rs. 2817 CroreIndia’s manufacturing PMI marginally down to 57.5 in AugustGST - Petitioner is permitted to pay amounts assessed in 24 equal monthly instalments together with interest - Recovery proceedings to be kept in abeyance: HCCCPA imposes penalty of Rs 5 Lakh on Shankar IAS AcademySC sets up Judge-headed panel to sort out protesting farmers’ grievancesGST - S.80 - Instalment facility granted to pay defaulted tax - If petitioner commits any default in payment of even a single instalment, it is open to respondents to proceed for recovery: HCPM to be on official tour to Singapore & Brunei between Sept 3 to 5GST - Allegation is that petitioner availed ITC in contravention of s.16 - Petitioner submits that they paid output tax without utilising ITC in question - Matter remanded: HCCBDT issues transfer order of 17 Addl / JCITsCBDT promotes 6 IRS officers as CCITThe making of an 'Input Service Distributor'President Murmu unwraps new Insignia and flag of Supreme Court of IndiaCBIC amends Sea Cargo Manifest & Transshipment Regulations‘Kavach’ system to be deployed in mission mode: Rail MantriMoS unveils New Single Unified Pension Form for Senior CitizensGST mop-up in August month rises to Rs 1.75 lakh crore

MESSAGE BOARD

   

Rule 15 of CCR, 2004 requires amendment


Rule 15 of CCR 2004

In my view this rule is applicable only when there is a confiscation of goods and a need to impose the penalty there of. It cannot be draggen to cenvat credit taken inadvertently.

Further Section 37(1) of the Central Excise Act delegates powers to Central Government to make rules to carry into effect the purposes of Act. Section 37(2) indicates purposed for which the rules may be made.Section 37(3), 37(4) and 37(5) specify the penalties that can be provided in the Rules. These sections nowhere state the powers to impose penalties as are specified in Rule 15 of CCR 2004. The Rules 15 (1), 15(2) and 15(3) are beyond the powers delegated to Central Government under Central Excise Act.

R.Vaidyanathan
Consultant - Indirect taxation
Bangalore

Ramadoss Vaidyanathan 20/02/2015

 

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