Jurisprudentiol – Thursday's cases

By Vijay Kumar

Legal Corner Icon — the image was hosted by the publisher and was not captured.Service Tax

A manufacturer can utilise CENVAT Credit for payment of Service Tax: CESTAT

IF you think that it is obvious and it does not need the support of the judgement of the Tribunal, you are not at fault. The concept of 'Common CENVAT Credit Rules' for manufacturers as well as service providers has not yet percolated down to field formations, not to the lowest rank officers, but even to the officers as high as Commissioners.

Income Tax

Sec 147 - Whether reassessment can be initiated even if there is no nexus between 'reasons to believe' recorded and the assessment framed: High Court

THE issue before the Bench is - Whether reassessment can be initiated even if there is no nexus between 'reasons to believe' recorded and the assessment framed.

Central Excise

Electrical motors cleared under Notification No. 64/95-Central Excise - Electrical motors had been used by Indian Navy on board a naval ship – Prima facie exemption available: CESTAT

IT is not the allegation in the show-cause notice that these motors were not supplied to Indian Navy. The only charge in the show-cause notice is that these electrical motors are not stores/consumable and, therefore, the exemption was not available. It is an admitted fact that these electrical motors had been used by the Indian Navy on board a naval ship, therefore, prima facie, the applicants are entitled for exemption as per Notification No. 64/95-CE as claimed by the applicants; Pre-deposit waived and Stay granted.

See our columns Tomorrow for the judgements