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Delhi 2000 (119)
ELT 718 holds that if revenue neutrality results by way of
availability of credit to the assessees ... stands remitted. If
it is found on verification that revenue neutrality is brought, out
then the demand is required
Customs, Excise and Gold Tribunal - Mumbai
MODVAT credit. He
stressed that when there was revenue neutrality the charge of
suppression cannot be sustained. It was contended ... Commissioner rightly relied on it. In regard
to revenue neutrality he argued that in a case of suppression
Customs, Excise and Gold Tribunal - Mumbai
them) so that there could have been only a revenue
neutral situation resulting from payment of duty on the goods ... duty inasmuch as
there would have been only a revenue neutral situation even if duty had
been paid as demanded
Customs, Excise and Gold Tribunal - Delhi
urged by the appellants that the entire exercise is
revenue neutral, except creation of scriptory work. If duty had been ... period
of demand, inasmuch as the entire exercise is revenue neutral and there
could not be any intention to evade
Customs, Excise and Gold Tribunal - Delhi
making the alleged short levy/non-levy of duty,
Revenue-neutral and whether that would be sufficient ground for
establishing ... attributed to an assessee where the situation results in
Revenue-neutrality. As against this there was a decision of another
Customs, Excise and Gold Tribunal - Delhi
payment of duty when the entire exercise is
admittedly revenue neutral.
3. The appellant is inter alia engaged ... taken at that
time. The entire exercise was therefore revenue neutral.
5. There was yet another type of Engine manufactured
Customs, Excise and Gold Tribunal - Mumbai
count of excess levy, thus, making the reassessments a
revenue neutral activity. Even if the reassessment is undertaken only ... view
that the reassessment of interchanged goods is a revenue neutral
exercise and is not required to be carried
Customs, Excise and Gold Tribunal - Delhi
cannot be
invoked. In any case the issue is Revenue neutral as their buyer viz
M/s Habasit lakota ... entitled to take CENVAT credit and therefore,
it is Revenue neutral. If this plea is accepted, then no such similarly
Customs, Excise and Gold Tribunal - Tamil Nadu
urged by the appellants that the entire exercise is
revenue neutral, except creation of scriptory work. If duty had been ... period
of demand, inasmuch as the entire exercise is revenue neutral and there
could not be any intention to evade
Customs, Excise and Gold Tribunal - Delhi
accrual basis which will make the claim of
assessee revenue neutral.
2. Whether, on the facts and in the circumstances ... closing stock and since ultimate impact will be revenue neutral, no deduction was
allowable. The same has been confirmed
Income Tax Appellate Tribunal - Delhi
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