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Refund claim cannot be denied when excess duty has been returned through debit/credit Notes

December 8, 2015 733 Views 0 comment Print

Shree Krishna Nylon Pvt. Ltd. Vs. Commissioner of Central Excise (CESTAT MUMBAI] Refund claim cannot be denied when excess duty has been returned through debit/credit Notes, and, the said amount is accounted as ‘receivable’ in the Balance Sheet – sufficient evidence that incidence of duty has not been passed on.

Cenvat credit on input services availed prior to initiation of manufacturing activity is admissible

December 8, 2015 1335 Views 0 comment Print

Shree Cement Ltd. Vs. Commissioner of Central Excise – CESTAT, New Delhi, held that a plain reading of Rule 3 and Rule 7 of the Credit Rules clarifies that there would be no restriction if assessee avails Cenvat credit on procurement of inputs/input services prior to start of manufacture.

Provisions of interest on belated refund U/s. 27A of Customs Act also applies on belated refund of SAD

December 8, 2015 1065 Views 0 comment Print

Principal Commissioner of Custom Vs. Riso India (P.) Ltd. (Delhi High Court) Duty’ as defined in Section 2(15) of the Customs Act, is wide enough to cover all kinds of duty, including SAD. Hence, as per Section 3(8) of Customs Tariff Act

Assessable value would be transaction value where it isn’t influenced by relationship between buyer and seller

December 8, 2015 1167 Views 0 comment Print

Dailmer Chrysler India Pvt. Ltd. Vs. Commissioner of Customs (CESTAT MUMBAI] When import of identical cars have been made at lower values which are comparable to the value declared at the time of filing Bill of Entry for sale of the cars imported under Carnet

If purchase price fixed in first contract subsequently gets revised prior to importation of goods, then Customs duty would be payable on revised price

December 8, 2015 373 Views 0 comment Print

Gupta Steel Vs. Commissioner of Customs, Jamnagar – Supreme Court held that price was genuinely revised & gets reduced by amending the MOA and there was nothing wrong on the part of the Appellant to declare the price in the BOE.

Purchasing dealer need not reverse tax credit unless selling dealer issues credit note for post sales discount and revises his tax liability

December 8, 2015 568 Views 0 comment Print

Challenger Computers Ltd. Vs. Commissioner of Trade & Taxes (Delhi High Court) In terms of the Section 51(a) of the DVAT Act, the selling dealer will issue the credit note to the buying dealer where the sales are subsequently reduced.

Contract for Supplying Smart card with embedded requisite information is contact for labour and service and not for sale

December 8, 2015 1500 Views 0 comment Print

Zylog Systems (P) Ltd. Vs. Additional Commissioner of Commercial Taxes- Where the smart cards are prepared in terms of an agreement with the customer by embedding requisite information, which couldn’t be sold in open market

Cenvat credit of Service tax on Group Insurance premium and mediclaim for existing/retired employees allowable

December 8, 2015 41182 Views 0 comment Print

The Department denied the Cenvat credit to Reliance Industries Ltd. (the Appellant) on the ground that the Service tax paid on the life insurance/ medi-claim policy for the existing employees and retired employees is ineligible as they are not covered under the definition

Cenvat credit admissible despite non-registration with Service Tax Department at the time of availing input services

December 8, 2015 2449 Views 0 comment Print

India Housing (the Appellant), a service provider, took Cenvat credit on certain input services. The Department denied the Cenvat credit on the ground that the Appellant has taken Cenvat credit on the documents which are not the correct documents as per the Rule 9(2) of the Credit Rules.

Supply to high seas vessel is liable to VAT if any territorial nexus exist in State

December 5, 2015 2174 Views 0 comment Print

In the instant case, Raj Shipping (the Petitioner) was engaged in Bunker Supplies which mainly consisted of supply of High Speed Diesel Oil (HSD) to various incoming and outgoing vessels within or beyond the port limits of Mumbai port.

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