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

February 17, 2015 1417 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 9762 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 1298 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 12761 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 20485 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.

Insurance premium on Hire purchase transaction forms part of 'Sale'

February 12, 2015 4118 Views 0 comment Print

TATA Engineering and Locomotive Co.Ltd.(Now Known as TATA Motors Ltd.)[the Appellant or the Company] is a manufacturer of Motor Vehicles and also engaged in the business of hire finance of Motor Vehicles.

SC upholds levy of Sales tax on processing / supplying of photographs

February 12, 2015 6748 Views 0 comment Print

Entry 25 of Schedule VI of Karnataka Sales Tax Act, 1957 (Entry 25) was inserted vide an amendment in July 1, 1989 thereby providing for levy of Sales tax for processing and supply of photographs, photo prints and photo negatives.

Date of presentation of Bill of Entry is relevant for determining rate of duty

February 12, 2015 8702 Views 2 comments Print

Sunrise Enterprise (the Appellant) imported Global Star Brand Tyres, Tubes and Flaps (imported goods) falling under Chapter 40 of the First Schedule to the Customs Tariff Act, 1975 (the Customs Tariff Act) from Peoples Republic of China and Thailand and filed 3 Bills of Entries, one dated July 11,2007 and two dated July 12,2007.

Cenvat credit cannot be denied on Inputs forming ‘parts’ of final product

February 12, 2015 1496 Views 0 comment Print

Hero Honda Motors Ltd. (Assessee) is engaged in the business of manufacture of Motor Cycles. The Assessee availed Cenvat credit of mirror assembly, sari guard and tool kit (impugned goods) treating them as Inputs.

Demand cannot be confirmed merely based on statement of witness

February 12, 2015 2183 Views 0 comment Print

Bajrang Castings Private Limited (the Assessee) was engaged in manufacturing and sale of MS Ingots. During the course of searches, it was noted that the modus operandi of the Assessee was doubtful. It was alleged thatthe Assessee was availing Cenvat credit on the basis of Cenvatable invoicesfrom the registered dealers/ traders

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