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Building constructed being used for providing education doesn’t fall under category of taxable service

July 5, 2023 723 Views 0 comment Print

CESTAT Ahmedabad held that building constructed by the Appellant is not commercial and industrial construction, therefore does not fall under the category of taxable services, as the same is not used for commercial and industry but it is used for providing education.

CENVAT credit of input Sponge Iron used in manufacturing of Pig Iron duly available

July 5, 2023 234 Views 0 comment Print

CESTAT Kolkata held that receipt, utilization and duty paid nature of the input Sponge Iron was not in dispute. Hence, CENVAT credit duly available as input Sponge Iron is utilized in manufacturing of finished goods i.e. Pig Iron.

Unpaid salary or notice pay recovery Out of Service Tax Purview: CESTAT Mumbai

July 4, 2023 648 Views 0 comment Print

CESTAT Mumbai overturns service tax demand against Kellogg India, asserting that unpaid salary or notice pay recovery isn’t subject to service tax.

Dept cannot allege Suppression for Income Reconciliation of Books & ST3 Returns

July 4, 2023 600 Views 0 comment Print

The CESTAT Kolkata has dismissed allegations of suppression and quashed a service tax demand in the Bimal Auto Agency Vs Commissioner of CGST & CX case, providing significant implications for the treatment of incentive-based transactions.

CESTAT Sets Aside Order as Show Cause Notice was Time-barred

July 4, 2023 1998 Views 0 comment Print

A thorough review of the CESTAT Ahmedabad case between Kandla Port Trust and C.C.E. & Kutch (Gandhidham) where the CESTAT quashed the order as the SCN was time-barred.

Excise Duty paid on Unaccepted Price Increase is refundable 

July 4, 2023 507 Views 0 comment Print

The issue at hand was the refund claim by Tata Motors, following a price increase and subsequent reversal due to non-acceptance by the buyer. The court had to decide whether the excise duty paid on the increased price could be refunded under Section 11B of the Central Excise Act, 1944.

CESTAT Ruling on one year Refund Period from Date of Final Bill of Entry

July 4, 2023 483 Views 0 comment Print

In the case between Shital Ispat Pvt Ltd and C.C.-Jamnagar, CESTAT Ahmedabad orders re-consideration, stating the one-year period for filing a refund begins from the date of finalizing the bill of entry in instances of initial provisional assessment.

Mere CA Certificate insufficient to prove incidence of duty: CESTAT directs re-examination

July 4, 2023 804 Views 0 comment Print

In the case between Pelican Rubber Ltd and Commissioner of Customs, CESTAT Hyderabad asserts that a CA Certificate is insufficient to prove the incidence of duty, directing a remand to the Original Authority for re-examination.

Custom Duty & Penalties on Duty-Free Imported Raw Materials for Pharma Jobwork

July 4, 2023 390 Views 0 comment Print

Explore the crucial CESTAT Ahmedabad judgment on Sun Pharmaceuticals Industries Ltd Vs C.C.E. & S.T, casting a spotlight on the adherence to EXIM policy and implications for the pharmaceutical industry.

Fraudulent VKGUY & DEPB License Obtainment: CESTAT directs Reconsideration

July 4, 2023 354 Views 0 comment Print

The case of Hindalco Industries Limited Vs C.C.E-Bharuch, involving a forged VKGUY/DEPB licence issue, has been remanded for reconsideration by the CESTAT Ahmedabad. Read for in-depth analysis and conclusions on this case.

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