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No bar in cross utilisation of Cenvat credit for payment of Central Excise duty or service tax

April 17, 2023 1449 Views 0 comment Print

Lupin Limited Vs Commissioner of Central Tax & Customs (Appeal) (CESTAT Hyderabad) HC held that the appellant have rightly taken credit in view of Rule 2(l) of CCR which entitles a manufacturer to claim Cenvat credit on input services utilise in manufacture of dutiable taxable goods. HC  further hold that there is no bar in […]

Enhancement of holding tax: Orissa HC directs fresh adjudication

April 16, 2023 1647 Views 0 comment Print

There is no dispute through Annexure-1 that the earlier assessment assessing the Petitioner’s building by the Sambalpur Municipal Corporation as it was then operating raising the holding tax to Rs. 1,19,858/- and the proposal for further assessment is only made by way of notice dated 22.2.2023 enhancing the holding tax from Rs.1,19,858/- to Rs. 3,12,609/- per annum.

No service tax on Business Auxiliary Service utilized outside India to foreign principal

April 16, 2023 861 Views 0 comment Print

Service Tax not payable on ‘Business Auxiliary Service’ provided to a foreign principal, which has been utilized outside India

ITAT deletes penalty on estimated addition for alleged bogus purchases

April 16, 2023 3369 Views 0 comment Print

If sales are not disputed, entire alleged bogus purchases cannot be disallowed and only the gross profit on the alleged purchases to be disallowed. No penalty under section 271(1)(c) is leviable on estimated additions.

Section 9(1) of IBC mandate filing of CIRP application 10 days after receipt of demand notice by Corporate Debtor

April 16, 2023 2691 Views 0 comment Print

Provisions of Section 9 of IBC mandates Operational creditor to file CIRP application against Corporate Debtor after expiry of 10 days from date of receipt of demand notice by Corporate Debtor,

Deputation of own employees for specified Job work in factory of client is not Manpower Supply Services

April 16, 2023 975 Views 0 comment Print

CESTAT held that where service provider had deployed his employees in manufacturing premises of appellant for specified job works, the same cannot be held as Manpower Supply Services.

Consider rectification of Apparent Error in application for GST Registration Cancellation: HC

April 15, 2023 1887 Views 0 comment Print

Bansal Steels Vs Commissioner, Central Goods and Service Tax (Delhi High Court) The petitioner had applied for cancellation of its GST registration for the first time on 04.12.2018 with effect from that date, stating that the reason for seeking such cancellation was that it had discontinued/closed its business. The said application was rejected by an […]

Classification of bhusi/ bhuki of pulses / pulses waste -CESTAT directs readjudication

April 15, 2023 930 Views 0 comment Print

R M Trading Company Vs Commissioner of Customs (CESTAT Ahmedabad) The issue involved in the present case is that whether the goods in question i.e. bhusi/ bhuki of pulses / pulses waste cleared from Kandla SEZ is classifiable under Chapter heading 07139099 or 11061000 of Customs Tariff Act, 1975 and consequently whether the appellant is […]

Merely because appellant at relevant time not opt for any option, revenue cannot impose upon appellant a particular option

April 15, 2023 1113 Views 0 comment Print

HIL Limited Vs C.C.E. & S.T. (CESTAT Ahmedabad) In this case though initially the appellant have taken the cenvat credit on the common input service which were used for manufacture of dutiable goods as well in relation to exempted service i.e. trading activity, however, on pointing out by the department, the appellant have calculated the […]

Mutilation of goods before clearance: CESTAT reduces Redemption Fine & Penalty

April 15, 2023 1425 Views 0 comment Print

Veer Enterprise Vs C.C.-Kandla (CESTAT Ahmedabad) CESTAT find the goods have been cleared and duty discharged as per the Tariff Heading proposed by the department. The Certificate of Chartered Engineer produced by the party is actually deficient, as it has been obtained behind the back of Customs Officials and does not show the time and […]

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