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On mere pendency of proceedings before Higher Authority, Department cannot deny refund

January 29, 2015 1153 Views 0 comment Print

National Leather Cloth Mfg. Co. (the Petitioner) was engaged in the manufacture of Excisable goods falling under Chapter 39, 56 and 59 of the First Schedule to the Central Excise Tariff Act, 1985. During the period January 1995 to March 1997, the Petitioner had utilized the Cenvat credit

Cenvat credit on Input services to jobworker clearing intermediate goods

January 29, 2015 3038 Views 0 comment Print

JBF Industries (the Appellant) was engaged in the manufacture of Polyester Chips, Lump Waste, and Polymer Waste falling under Chapter 39 of the Central Excise Tariff Act, 1985 and was availing Cenvat Credit on Inputs, Capital goods and Input services in terms of the Cenvat Credit Rules

Cenvat credit cannot be denied by holding that activity is not 'manufacture' when Department accepted Excise duty on final products

January 29, 2015 1784 Views 0 comment Print

he Appellant was engaged in the business of manufacture of P.U. foam sheets and availing the benefit of Cenvat credit. The Appellant had procured blocks of P.U. foam covered under Chapter Heading No. 3920 or 3921 and cut them into different sizes &shapes and the final product P.U.

CBEC to curb practice of its officers of issuing Excise/ST summons in casual manner

January 29, 2015 1572 Views 0 comment Print

The Central Board of Excise and Customs (the Board) vide Instruction F. No. 207/07/2014-CX-6 dated January 20, 2015 has issued an instruction in respect of issuance of summons in the Central Excise and Service tax matters wherein summons have been issued to the officials of the companies to enforce recovery of dues, which are under dispute.

Where Stay application against Order sanctioning refund claim has been rejected, there is no reason for Revenue to stop refund

January 29, 2015 1717 Views 0 comment Print

During the period from September 10, 2004 to December 31, 2004, Madura Coats (P) Ltd. (the Petitioner) received certain services from abroad and paid Service tax thereon under reverse charge on January 25, 2005 on insistence of the Department.

Issue of Service Tax on Renting of Immovable property still not attained finality – Penalty Waived

January 29, 2015 5113 Views 0 comment Print

Shri Mahesh Vaktawarmal Rathod (the Appellant) rented out their premises to M/s Loot India Pvt. Ltd. Renting of immovable property was brought under the Service tax net under erstwhile Section 65(105)(zzzz) of the Finance Act, 1994 (the Finance Act) w.e.f. June 1, 2007.

Assessee had to pay CST as Sale wasn’t a High Seas Sale since bill of entry included his name as Importer instead of buyer’s name

January 29, 2015 2676 Views 0 comment Print

The Petitioner claimed that impugned sale was effected by transfer of documents of title before the goods had crossed the Customs frontiers of India and hence declared impugned saleas a sale in the course of import/ high sea sales and claimed exemption under Section 5(2) of the Central Sales Tax Act, 1956 (the CST Act) on the turnover of Rs.1,14,86,342/- and Rs.4,05,09,427/- respectively.

Date to Compute Limitation period of 1 year in respect of SAD refund claim arising out of Court Order

January 29, 2015 2752 Views 1 comment Print

Dev International (the Appellant) imported certain goods (impugned goods) and filed two Bills of Entry, both dated July 17,2008 wherein 4% SAD, amounting to Rs.1,11,556.90 was paid. The impugned goods were detained by Central Intelligence Unit (CIU) for investigation.

Service tax on Renting of Building for Hotel

January 28, 2015 8688 Views 0 comment Print

Jai Mahal Hotels (P.) Ltd. (the Appellant) entered into a joint venture agreement dated August 28, 1985 with Indian Hotels Company Limited (IHCL) for running hotel business at immovable property owned by the Appellant.

Benefit of SFIS cannot be denied only on ground that companies were subsidiaries of foreign companies

January 27, 2015 1825 Views 0 comment Print

DGFT denied the benefit of SFIS, as framed under the FTPto the Petitioners and separate communications were sent to the Petitioners withdrawing/recalling the said benefits on the ground that they were subsidiaries of foreign companies

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