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Printing work is in the nature of Works contract and value of ink and processing material is exigible to Sales tax

February 17, 2015 6443 Views 2 comments Print

Vibha Publications Pvt. Ltd. (Appellant) was engaged in job work of printing material. In the printing process, the plates, chemicals and ink (Impugned Goods) were consumed. The Revenue contended that the value of Impugned Goods consumed in printing process is exigible to Sales tax.

DGFT Provision which is inconsistent with Foreign Trade Policy is liable to be set aside

February 17, 2015 813 Views 0 comment Print

BRG Iron & Steel Co. (P.) Ltd. (the Petitioner) is a two star export house status holder. The Additional DGFT vide letter dated May 31, 2013 informed that the Petitioner entitlement under the Advance Authorization dated May 9, 2012, was limited to a sum of Rs. 38,83,52,050/- instead of Rs. 77,03,73,810/-.

Filing of more than one Refund claim in a month cannot be denied when statutory time limit is elapsing

February 17, 2015 1318 Views 0 comment Print

Devki Nandan J Gupta (the Appellant) filed two SAD Refund claims of Rs. 21,92,938/- and Rs. 6,05,866/- on May 6, 2013 (Refund Claim 1) and May 24, 2013 (Refund Claim 2) respectively in terms of Notification No. 102/2007-Cus dated September 14, 2007 (the Notification).

Non refund of pre-deposit for long period without reason is harassment

February 17, 2015 634 Views 0 comment Print

The Hon’ble CESTAT, Mumbai held that for no reason, the Revenue has retained the pre-deposit amount of the Appellants for more than 2 years after passing of the Order. Further, the Revenue neither filed an appeal against the Order nor obtained any stay, therefore, it is clear case of harassment to the Appellants that the legitimate claim of the Appellants has not been granted.

Dismissal of appeal for non-compliance of pre-deposit condition

February 17, 2015 1035 Views 0 comment Print

In the instant case, the Hon’ble CESTAT, Kolkata vide its Order dated April 30, 2013 directed the Ess Dee Aluminium Ltd. (the Appellant) to make pre-deposit of 25% of the Cenvat Credit involved in the case within a period of eight weeks and report compliance on July 15, 2013.

Once Rebate claim is cancelled, EOU entitled to take re-credit in Cenvat Credit Account

February 17, 2015 1390 Views 0 comment Print

In the instant case, Jubiliant Engineering (the Appellant) was 100% Export Oriented Units (EOU) engaged in manufacturing of valve assemblies falling under the Chapter 8481 of the Central Excise Tariff Act, 1985. Though the Appellant was not required to pay duty on the export goods

Interest on delayed refund is permissible from expiry of 3 months’ from the date of filing Refund application

February 17, 2015 9732 Views 0 comment Print

In the present case, Tata Chemicals Ltd. (the Appellant) filed eleven Refund claims amounting to Rs. 1,26,78,767/- during the period September 1997 to December 1999. However, the Refund claims were initially rejected by the Adjudicating Authority and the Ld. Commissioner (Appeals).

Computerized invoices downloaded through internet are eligible documents for claiming Service tax Refund

February 17, 2015 1247 Views 0 comment Print

Suncity Art Exporters (the Appellant) were exporters of handicrafts and were entitled to Refund of Service tax paid on the various specified input services in terms of Notification No. 17/09-ST dated July 7, 2009.

Non-Authorised service station not liable to pay Service tax on Maintenance or Repair of any ‘part’ of motor vehicle

February 17, 2015 12713 Views 1 comment Print

In the instant case, Kuttukaran Trading Ventures (the Assessee) was engaged in the business of reconditioning engines and parts thereof and repairs of other parts of vehicles of all brands. The Assessee did not have any authorization from any manufacturer of vehicles/ parts for providing post-sale service to buyers.

Sum paid as a pure agent of service recipient not includible in value of services

February 17, 2015 20437 Views 1 comment Print

The issue of taxability of out-of-pocket expenses has always been a matter of litigation. Before April, 2006 there was no specific provision to this effect. However, from April 19, 2006 onwards, with the introduction of the Valuation Rules, Service tax is applicable on gross consideration including all expenses barring the expenses incurred as pure agent.

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