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CENVAT Credit on free warranty service provided via dealer duly available to manufacturer

May 17, 2023 525 Views 0 comment Print

CESTAT Chandigarh held that CENVAT Credit on warranty service provided free of cost during the warranty period through third parties dealer cannot be denied to the manufacturer.

No penalty if no intention to evade service tax & for tax paid before issue of notice

May 16, 2023 1953 Views 0 comment Print

Delve into the pivotal case of Assam Company India Limited vs Commissioner of Service Tax (CESTAT Kolkata) where the tribunal addresses service tax liabilities, waivers, and penalties, offering insights for tax compliance.

Extended period of limitation cannot be invoked if issue on merit decided in favour of Assessee

May 16, 2023 1671 Views 0 comment Print

Facts regarding non payment of duty by the appellant or in other words the amount retained of sales tax collected from the customer, came to the notice of the Department only through the audit of the records conducted by the Audit Officer.

Time bar not apply to refund of duty paid by mistake

May 16, 2023 1221 Views 0 comment Print

Discover how CESTAT Delhi’s ruling favored Pine Laminates Pvt. Limited, allowing their refund claim under section 11B of the Central Excise Act, 1944, challenging rejection based on time limitation.

Conditions for seeking exemption for GTA satisfied hence denial of exemption for procedural lapse unjustified

May 16, 2023 420 Views 0 comment Print

CESTAT Delhi held that exemption notification should be interpreted strictly. However, once the primary conditions for seeking exemption for GTA are satisfied, exemption cannot be denied for mere procedural lapse.

Immunity by Settlement Commission to main noticee is also available to co-noticees

May 16, 2023 588 Views 0 comment Print

CESTAT Delhi held that immunity granted by the Settlement Commission to the main noticee is also available to the co-noticees. Accordingly, the impugned order is bad in law.

Extended period invocable as non-payment of service tax detected by Anti-evasion unit

May 14, 2023 1083 Views 0 comment Print

CESTAT Chennai held that extended period of limitation rightly invoked as non-payment of Service Tax has been detected and investigated by the Anti-evasion Unit of the Commissionerate.

Dept not permitted to file Revision Application under Section 35EE of Central Excise Act

May 13, 2023 786 Views 0 comment Print

Commissioner of Service Tax Vs Mail Order Solutions (I) Ltd (CESTAT Mumbai) The provisions regarding filing of appeals before the Tribunal are governed under the provisions of Section 86 of the Finance Act, 1994. Sub-section (1) ibid provides for filing of the appeal by an assessee before the Tribunal. The first proviso appended to sub-section […]

Jute Cess payable only when goods are removed from factory

May 13, 2023 288 Views 0 comment Print

Jute Cess will be payable only when the goods are removed from the factory and hence the demands made in all three Orders are not sustainable.

Service tax cannot be demanded by Kolkata unit if Visakhapatnam unit already initiated action 

May 13, 2023 183 Views 0 comment Print

Visakhapatnam Service Tax Commissionerate has initiated separate action against the Respondent at their Visakhapatnam unit for non payment of appropriate service tax there.

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