Team ALA Legal Archive

Denial of cross examination is in violation of principles of natural justice – Calcutta High Court

The petitioner in the case of Sampad Narayan Mukherjee v. Union of India & Ors., W.P. No.25447 (W) of 2018 challenged an order-in-original confirming allegations raised in a show cause notice. The petitioner had replied to the said show cause notice and had also requested for cross-examination of witnesses whose statements were relied upon in the show cause …

Bottling Arrangement of Alocoholic Liquor For Human Consumption – Summary of Order of Maharashtra AAR

The recent Order of the Maharashtra AAR in the matter of Crown Beers India Pvt. Ltd dated 04.09.2018 has been summarized as under: Facts in the Application: The Bottler is to brew / manufacture package and supply beer to buyers / distributors in the territory identified by Applicant. In consideration for fulfillment of the above …

Anti-Profiteering Provisions Under GST and our Suggestions

1. Wharton’s Law Lexicon and Black’s Law Dictionary has defined “Profiteering” as “Taking advantage of unusual or exceptional circumstances to make excessive profits” and anti-profiteering is a measure taken against profiteering. 2. Section 171 of the Central Goods and Services Tax Act, 2017, makes it mandatory to pass on the additional benefit received to the …

Case Analysis of “CCE Vs. Madhan Agro Industries (I) Pvt. Ltd”, CIVIL APPEAL NO. 1766 of 2009

Issue: Classification under Central Excise Tariff Act, 1985 Facts: Aggrieved by the orders passed by the Hon’ble CESTAT wherein it was held that the coconut oil manufactured and packed in “small containers” by the Assessees is classifiable under Heading 1513 (coconut oil) and not under Heading 3305 (hair oil) of the Central Excise Tariff Act, …