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If Court is closed on last day of prescribed period, next working day is to be treated as last date of limitation for filing an appeal

December 11, 2014 8966 Views 0 comment Print

Sapna Packaging Industries (the Appellant) received an Order-In-Original on August 17, 2013 and preferred an appeal against the said order before the Ld. Commissioner (Appeals) on November 18, 2013.The Ld. Commissioner (Appeals) rejected the appeal on the ground of being

Deemed exports & exports not distinguishable for Central Excise Law

December 10, 2014 2206 Views 0 comment Print

In the instant case, the Department preferred an appeal to the Hon’ble CESTAT, Delhi, against the order of the Ld. Commissioner (Appeals) wherein it was held that deemed exports and exports are not different.

Tribunal dismisses appeal on failure to comply with mandatory pre-deposit requirements

December 10, 2014 586 Views 0 comment Print

Shri Rauf Bombaywala (the Appellant) preferred an appeal before the Hon’ble CESTAT, Mumbai against Order-in-Original No. 01/2014-15 dated May 7, 2014 vide which penalty of Rs.1.17 crore was imposed on the Appellant.

Tax already paid by Assessee out of disputed amount at Adjudication level would be treated as mandatory pre-deposit for filing appeal

December 10, 2014 577 Views 0 comment Print

In the instant case, Zim Laboratories Ltd.(the Appellant) filed an appeal before the Hon’ble CESTAT, Mumbai against the Order passed by the Adjudicating Authority (the Impugned Order). Accordingly, the Appellant was required to make a pre-deposit of 7.5% of the tax/ penalty

Adjustment of excess Service tax paid cannot be denied for mere non-compliance of procedure

December 10, 2014 2168 Views 0 comment Print

Jubilant Organosys Ltd. (the Appellant) adjusted excess payment of Service tax paid in some months against tax payable in following months and contended that adjustment was valid. However, the Appellant also filed refund claims of the excess payment of Service tax for dealing with the situation if adjustment is not allowed.

CA or Cost Accountant nominated to conduct Service Tax Audit

December 10, 2014 1388 Views 0 comment Print

Chartered Accountant or Cost Accountant nominated to conduct Service Tax Audit by Amendment in Rule 5A(2) of the Service Tax Rules, 1994 The Central Government vide Notification No. 23/2014-ST dated December 5, 2014 had substituted Rule 5A(2) of the Service Tax Rules, 1994 (the Service Tax Rules) with the following: “(2) Every assessee, shall, on […]

SAD Refund application cannot be rejected as time barred if original refund application filed within time, though before wrong Authority

December 6, 2014 2555 Views 0 comment Print

The Hon’ble CESTAT, Mumbai also relied upon the AIA case and held that even though Notification No. 102 requires refund claim to be filed with the jurisdictional Customs Authorities, but when the original application for refund was filed within time, though before wrong authority, it cannot be said that the said application was barred by limitation.

In Foreign Trade Policy matters, DGFT Clarification binding on Customs as against CBEC Clarification

December 6, 2014 1182 Views 0 comment Print

A.G. Enterprise (the Appellant) are ship breakers, who imported old and used ships for purpose of breaking up. At the time of ship breaking, the ships/ vessels contained Marine Gas Oil (HSD) [MGO (HSD)] in the tanks of the vessel in addition to the MGO (HSD) lying in the tank of the ship engine.

Tribunal can initiate contempt proceedings for non-issue of refund despite its order

December 5, 2014 1288 Views 1 comment Print

LCL Logistics (India) Pvt. Ltd. (the Appellant) filed a Miscellaneous Application before the Hon’ble CESTAT, Mumbai, in respect of Order of the Hon’ble Tribunal vide which the penalty on the Appellant was reduced from Rs. 5,00,000/- to Rs. 1,00,000/-.

Any Stay Order passed by the Tribunal, if is in force beyond August 7, 2014, shall continue till disposal of appeals

December 5, 2014 1239 Views 0 comment Print

Hon’ble Tribunal concluded that any Stay Order passed by the Tribunal, if it is in force beyond August 7, 2014, it would continue till the disposal of the appeals and there is no need for filing any further applications for extension of orders granting Stay either fully or partially.

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