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Cenvat credit on Tower parts & Pre-fabricated buildings – CESTAT grants stay as demand was time barred

December 31, 2014 1187 Views 0 comment Print

Bharti Airtel Ltd. (the Appellant)is engaged in the business of providing cellular services. The issue involved is admissibility of Cenvat credit on inputs, capital goods and input services used in the erection of transmission towers and shelters spread all over the country far from the office premises of the Appellant.

Time-limit of Section 11B of Central Excise Act, 1944 not applies to refund of wrongly paid Service tax

December 31, 2014 6030 Views 2 comments Print

In the instant case, Jyotsana D. Patel (the Appellant) purchased a residential unit from a builder, on which the builder had collected Service tax and deposited the same with the Department. As there is no levy of Service tax on residential unit as held by the Hon’ble High Court

Legality of Recovery during pendency of appeal before CESTAT for reasons not attributable to Assessee

December 31, 2014 941 Views 0 comment Print

Fashion Suitings Private Limited (the Petitioner) received a Demand Notice dated October 8, 2013 for the payment of Service tax amounting to Rs 15,78,40,282/- with interest and penalty amounting to Rs. 17,08,00,086/- against the Order-in-Original dated October 26, 2012 during the pendency of Stay application before the Hon’ble Tribunal.

Royalty paid on sale value of manufactured goods is not required to be loaded on invoice price of imported raw material

December 31, 2014 2855 Views 0 comment Print

Ortiker India P. Ltd. (the Appellant or the Company) imported clamps from the related supplier outside India. The transactions were examined on arms length basis and the SVB branch vide order dated February 6, 2009 held that the transaction value has not been influenced

Sale of used cars not subject to VAT under Delhi VAT

December 31, 2014 4979 Views 0 comment Print

Anand Decors and Others (the Appellants) were manufacturing certain commodities and were registered dealers under the Delhi Value Added Tax Act, 2004 (DVAT Act).The Appellants purchased motor vehicles/cars,paid Sales tax/ VAT but did not avail input tax credit thereon under DVAT Act.

Battery charger is not a part of mobile phone but an accessory thereof – SC

December 30, 2014 4472 Views 0 comment Print

Nokia India Pvt. Ltd. (the Assessee) is a dealer registered under the Punjab Value Added Tax Act, 2005 (the Punjab VAT) engaged in selling mobile phones along with battery chargers and charges VAT at concessional rate of 4% on the sale value of battery chargers.

Education cess on clearing of goods fully exempt from Customs duty

December 27, 2014 1789 Views 0 comment Print

DCW Limited(“the Assessee”)was covered by Notification No. 96/2004-Customs dated September 17,2004passed in exercise of powers under Section 25(1) of the Customs Act, 1962 granting exemption of Basic Customs Duty subject to debit of the DEPB Licence.

Dyes and chemicals used in execution of works contract of dyeing exigible to Sale tax

December 27, 2014 2067 Views 0 comment Print

In the instant case, A. Vairavel (the Assessee) used dyes and chemicals in execution of works contract of dyeing. The Department argued thatthe said transaction involvestransfer of property involved in the use of dyes and chemicals used in works contract of dyeing and hence assessable

Classification of goods precedes over the determination of rate of duty or any exemption applicable to the goods

December 27, 2014 1366 Views 0 comment Print

The Revenue alleged that the exemption availed was wrong as the impugned goods were not classifiable under Chapter heading specified in the Exemption Notification. Therefore, proceedings were initiated against the Appellant demanding differential Customs duty of Rs. 1,48,92,523/-.

Corrigendum amending conditions for claiming exemption would apply from date of original Exemption Notification

December 27, 2014 1640 Views 0 comment Print

Corrigendum is issued for the correction of error or omissions in the original document, which relates back to the date of initial authoring for the reason that correction means whatever written was not correct or there was some mistake which need be corrected.

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