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Service tax in respect of same transaction cannot be demanded again for payment under different category

November 16, 2014 1017 Views 0 comment Print

Coca Cola India Pvt. Ltd.(the Appellant) entered into an Agreement with KPH Dream Cricket Pvt. Ltd. (KPH) for sponsoring the cricket team Kings XI Punjab. On the said contractual consideration, a Service tax of Rs. 37,08,000/- was collected by KPH from the Appellant

Doctrine of unjust enrichment applies to pre-deposit amount & can be substantiated by CA certificate

November 16, 2014 2030 Views 0 comment Print

Siddhi Vinayak Steel Vs. Commissioner of Customs, Mumbai [2014 (10) TMI 689 – CESTAT MUMBAI] Certain goods belonging to Siddhi Vinayak Steel (the Appellant) and lying at Shreenath Warehouse were seized when the SIIB found that certain goods were illegally imported through Chennai port under DEEC license for local market in Mumbai.

Imparting computer education in schools along with providing computers/ accessories is a Works contract and liable to Sales tax

November 16, 2014 1880 Views 0 comment Print

NIIT Limited (the Petitioner) executed a contract dated June 29, 2002 (the Contract) with the Government of Andhra Pradesh for imparting computer education in High Schools in the State of Andhra Pradesh, including leasing of computer hardware, software and connected accessories on Build Own Operate Transfer (BOOT) basis.

Cenvat credit taken on inputs cannot be denied merely because original manufacturer of inputs is not traceable

November 16, 2014 1180 Views 0 comment Print

In the instant case, Kirtida Silk Mills (the Appellant) availed Cenvat credit of duty paid on inputs, which was denied by the Department and the proceedings were initiated for recovery of Cenvat credit wrongly taken.

Cenvat credit allowable on Capital goods used initially in the manufacturing of exempted goods

November 16, 2014 2983 Views 0 comment Print

Cenvat credit allowable on Capital goods used initially in the manufacturing of exempted goods but, at time of receipt, the Assessee had intention to use said Capital goods for manufacturing of both dutiable as well as exempted goods

Utilization of credit for payment of duty which was not required to be paid is effectively reversal of credit

November 16, 2014 1897 Views 0 comment Print

No need to reverse Cenvat credit availed of duty paid on HR coils/sheets for discharging duty on HR slitted and pickled coils on dispute whether slitting and pickling is a manufacturing activity under Section 2(f) of the Central Excise Act, 1944

Penalty not warranted when importer was not having any knowledge of mis-declaration of goods

November 16, 2014 1189 Views 0 comment Print

Medi Pharma Drug House (the Assessee) obtained a licence to import into India the drug named‘ Cyanocobalamin (Vitamin B12) BP/USP/IP’ manufactured by North China Pharmaceutical Victor Co. Ltd. of China (North China Company).

Refund of excess duty paid cannot be denied merely on the ground of non-production of original invoices

November 16, 2014 934 Views 0 comment Print

Deepak International(the Appellant)imported lighting fixtures (impugned goods) for which the Customs Authorities enhanced the value of the impugned goods. The Appellant cleared the impugned goods on payment of higher duty amount of Rs. 3,12,418/-.

Transaction value cannot be rejected on mere doubt, without any reasonable & justifiable evidence

November 16, 2014 1276 Views 0 comment Print

Kelvin Infotech Pvt. Ltd.(the Assessee) entered into a contract with Argain Company Ltd., Taiwan for purchasing stock lot of LCD TVsof 3600 PCs of Samsung, Sony and Sanyo brand of various assorted models/sizes (impugned goods) on ‘as is, where it is basis’ and at 15% discount

Harmonization of Rules, formats & fees in all SEZs

November 16, 2014 1089 Views 0 comment Print

The Ministry of Commerce and Industry, Department of Commerce vide SEZ Division Letter in D.12/25/2012-SEZ, dated October 28, 2014, has harmonized the Rules, formats and fees in all the SEZs formats by standardizing the following procedures for adaption in all Zones:

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