II. Judicial Pronouncement
1. M/S GRASIM INDUSTRIES LTD. Vs. COMMISSIONER OF CENTRAL EXCISE, BHOPAL, CIVIL APPEAL NOS. 5268 OF 2003, DATE OF ORDER : 18/08/2011, SUPREME COURT OF INDIA
Credit Note issued after two years of duty payment - No refund:
The credit note was issued only on 07.08.1991 although the duty was paid on 19.07.1989 and, therefore, the credit note was issued after two years of the payment of the duty and the clearance of the goods. In this connection, Section 12 of the Central Excise Act becomes relevant which indicates that the party who is liable to pay excise duty on any goods, has to file the sales invoice and other documents relating to assessment at the time of clearance of the goods itself. Therefore, when at the time of clearance no such document was filed and what is sought to be relied upon is a document issued after two years, the same raises a doubt and cannot be accepted as a reliable document.
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2. COMMISSIONER OF INCOME TAX,AGRA Vs. M/S AMBIKA SHEET GRAH(P) LTD.,NUNIHAI,AGRA, INCOME TAX APPEAL NO. 385 OF 2008, ORDER DATE : 10.8.2011, ALLAHABAD HIGH COURT
The business of cold storage alone, without any transportation facility with refrigeration back to back upto consumption and, linking farmer and market also qualifies for deduction in terms of provisions of Section 80-1B (11) of the Act. The word "or" in the context here means and should be interpreted as disjunctive particle. The statute should be read in its ordinary, natural, and grammatical sense.
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