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No Penalty when Service tax been paid before issue of SCN

February 12, 2015 19879 Views 1 comment Print

During the course of audit it was revealed that Krishna Cylinders (Assessee)has not paid Service tax during the period from April 1, 2006 to March 31, 2007 on outward Goods Transportation services. However, on being pointed out by the audit team, the Assessee paid the entire amount of Service tax along with applicable interest.

Cenvat credit on invoices received prior to Service tax registration

February 12, 2015 6940 Views 2 comments Print

In the instant case, JP. Kenny Ltd. (the Appellant)availed Cenvat credit of Rs. 6,48,208/- on the invoices received prior to their Service tax registration and also availed Cenvat credit of Rs. 47,182/- on Housekeeping and Hotel services charges paid by them.

Service recipient not liable to pay service tax on free supply of material

February 12, 2015 9591 Views 0 comment Print

In the instant case, Ahluwalia Contracts (India) Ltd. (the Appellant) provided ‘Commercial or Industrial Construction service’ and ‘Construction of Complex service’ and availed the benefit of Notification No.1/2006-ST dated March 1, 2006 (the Abatement Notification) claiming abatement of 67%. Further, while availing of the Composition Scheme to pay Service tax under the Works

Distribution fees paid to non-resident for rights to distribute a service not includible in Assessable Value of Imported Goods

February 3, 2015 547 Views 0 comment Print

During the Departmental investigations, it was found that the Appellant had entered into the Service Agreement namely “Programme Acquisition and Service Agreement” and the Distribution Agreement with MSM Satellite Singapore Pvt. Ltd. (Foreign Entity).

Where duty is mistakenly paid in excess, Assessee is entitled to refund

February 3, 2015 1954 Views 0 comment Print

Cipla Ltd.(the Appellant)imported Fermoterol Fumarate and filed a Bill of Entry dated March 31, 2010 for home consumption. The Appellant paid excess CVD at 10% instead of effective rate of 4% in terms of unconditional exemption Notification No. 4/2006-CE dated March 1, 2006 (the Notification) and therefore filed a refund claim Rs. 1,33,779/- towards the excess paid duty.

Cenvat Credit to HO Registered as ISD cannot be denied for invoices in Branch Office name

February 3, 2015 3154 Views 1 comment Print

Mahindra and Mahindra Ltd. (the Appellant) was engaged in the manufacture of motor vehicle parts falling under Chapter Headings 84 and 87 of the Central Excise Tariff Act, 1985. The Appellant availed Cenvat credit on inputs as well as input services used in or in relation to the manufacture of their final products.

Declared value of Imported goods cannot be enhanced merely on the basis of NIDB data

February 3, 2015 2529 Views 0 comment Print

Since there was no evidence of higher value of contemporaneous import from same sources and no allegation of mis-declaration of impugned goods, declared value cannot be enhanced merely on the basis of NIDB data. In the present case, Rule 9 of the Valuation Rules cannot be invoked.

Cenvat Credit on erection & installation of machines by Manufacturer

February 3, 2015 3925 Views 0 comment Print

Hercules Hoists Ltd. (the Appellant) was a manufacturer of machinery and parts thereof which were cleared on payment of Excise duty. The Appellant had also taken the responsibility of installing the machinery at the customer’s premises.

In case of inter-unit 'stock transfer' of intermediate goods, doctrine of unjust enrichment would not apply

February 3, 2015 3908 Views 0 comment Print

When the clearances were not on sale but were purely on stock transfer basis, there is no question of Satnoor unit having recovered the incidence of duty from Abu Road unit and, as such, the bar of unjust enrichment would not apply.

Bank a/c cannot be freezed after mandatory pre-deposit payment

February 3, 2015 2143 Views 0 comment Print

In the instant case, an Order was passed by the Ld. Commissioner, Goa confirming Service tax liability on Kala Mines and Minerals (the Appellant). Being aggrieved by the said Order, the Appellant preferred an appeal before the Hon’ble CESTAT, Mumbai by making a pre-deposit of 7.5% of the Service tax demand confirmed in terms of Section 35F of the Central Excise Act, 1944 (the Excise Act).

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