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Payment of duty under protest tantamount to challenging assessment & therefore refundable

November 1, 2014 11635 Views 0 comment Print

Fairway Trading Company Pvt. Ltd. (Assessee) filed a shipping bill dated July 31, 2007 for export of 15,700 MTs of Iron Ore Fines in low grade to China. They declared the percentage of iron as 58.5%, thereby the rate of duty applicable was Rs. 50/- per MT.

Interest is payable in case of inordinate delay in sanctioning rebate claim even if assessee did not challenge Order sanctioning refund without interest

November 1, 2014 1682 Views 0 comment Print

Rajan Overseas Pvt. Ltd. (the Petitioner) was engaged in the manufacture and export of stainless steel cutlery and utensils (Impugned goods or final products). Since, the Impugned goods were exempted from the payment of the Central Excise Duty vide Notification No.10/2003-CE

Tribunal can extend waiver of pre-deposit beyond 365 days by a speaking order when delay in disposing appeal is not attributable to assessee

October 31, 2014 711 Views 0 comment Print

In the instant case, the Hon’ble CESTAT, Ahmedabad passed an order extending waiver of pre-deposit/stay of demand beyond the total period of 365 days from the date of grant of initial stay, without passing any speaking order.

Adjudicating Authority cannot reassess/ re-quantify amount of duty that is to be refunded as per Appellate order without challenging the same

October 31, 2014 756 Views 0 comment Print

Samtel Color Ltd. (Assessee) is engaged in manufacturing colour picture tubes falling under Heading No.40.11 of the Central Excise Tariff Act, 1985. Some of the picture tubes were found to be defective at the customer’s end and accordingly were returned to the manufacturer

Old and Used propping pipes for construction service are capital goods which are freely importable

October 30, 2014 1989 Views 0 comment Print

Peri (India) Pvt. Ltd. (the Appellant) imported old and used pipes declaring them as ‘old and used Prop Pep 20-300’ (Impugned goods) and classified them under Customs Tariff Heading (CTH) 7308 4000. The said classification was accepted and duty was demanded accordingly.

When excess payment of Service tax is established, its adjustment cannot be denied merely on non-compliance of procedural aspect

October 30, 2014 2617 Views 0 comment Print

The Hon’ble CESTAT, Delhi held that the matter is no longer res integra as it has been consistently held that substantial benefit cannot be denied merely because some aspects of the procedure had not been followed.

Non furnishing of verification report of Department to assessee for making his submissions/rebuttal leads to denial of natural justice

October 30, 2014 1588 Views 0 comment Print

It was held by the Hon’ble CESTAT, Mumbai that while the Department had opportunity to verify whatever information/ statements furnished by the Appellant, a copy of the verification report should have been provided to the Appellant to make their submissions/rebuttal.

Refund not hit by doctrine of unjust enrichment where contract value is inclusive of Service tax

October 30, 2014 3815 Views 0 comment Print

In the instant case, AP. Engineers (the Assessee) filed a refund claim of Service tax which was rejected by the Adjudicating Authority as hit by doctrine of unjust enrichment. On appeal being made to the Commissioner (Appeals)

CBEC clarifies that ‘the place where property in goods passes on to the buyer’ is relevant to determine place of removal

October 30, 2014 2793 Views 0 comment Print

In order to avail Cenvat credit on outward transportation, any service received up to ‘the place of removal’ should qualify as input service under the definition of ‘input service’ as defined in Rule 2(l) of the Cenvat Credit Rules, 2004 (the Credit Rules). Prior to July 11, 2014, the term, ‘place of removal’ was not […]

CSR- Swach Bharat Kosh & Clean Ganga Fund included

October 24, 2014 4045 Views 0 comment Print

(i) In item (i), after the words and sanitation, the words including contribution to the Swach Bharat Kosh set-up by the Central Government for the promotion of sanitation shall be inserted; (ii) In item (iv), after the words and water, the words including contribution to the Clean Ganga Fund set-up by the Central Government for rejuvenation of river Ganga; shall be inserted.

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