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All CESTAT

Department cannot insist that importer should avail benefit of a particular notification when they are eligible for different notifications

May 10, 2023 564 Views 0 comment Print

Commissioner of Customs Vs Dimension Data India Limited (CESTAT Chennai) It is brought out that an amount of Rs.7,23,072/- was rejected by the original authority on the ground that Bill of Entry in regard to RSP based assessed goods has to be reassessed and refund claim has to be filed for the CVD paid by […]

Manufacturer shall not avail CENVAT Credit if refund claim is filed under Notification No. 41/2007-ST 

May 10, 2023 555 Views 0 comment Print

CPC (P) Ltd Vs Commissioner of GST & Central Excise (CESTAT Chennai) The issue involved in all these appeals being the same, were heard together and disposed by this common order. 2. Brief facts are that the appellants hold Central Excise registration as well as Service Tax registration. During the scrutiny of CENVAT documents, it […]

Reversal of Cenvat credit at appellate stage before CESTAT complies notification no. 5/2006-CE 

May 10, 2023 282 Views 0 comment Print

Acme Ceramics Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT held that reversal of credit and payment of interest thereon, can be adjusted from the payment of Rs. 2 lacs already made by the appellant. We find that the Tribunal/Court in the judgments cited by the appellant held that even if the assessee agreeing to reverse […]

Profit on ocean freight charges not leviable to service tax

May 9, 2023 3111 Views 0 comment Print

CESTAT Delhi held that profit on ocean freight charges cannot be termed as consideration for service and hence service tax is not leviable on the same.

Department cannot decide title of goods, when no one is disputing ownership

May 9, 2023 576 Views 0 comment Print

CESTAT Ahmedabad held that department cannot self assign to itself the duty of declaring bad in law the certificate issued to the importer by Ministry of Renewable Energy or decide title of the goods, even when no one is disputing ownership.

Authority duty bound to refund excess duty paid because of an error in EDI system

May 9, 2023 552 Views 0 comment Print

CESTAT Delhi held that authority is not permitted to retain the excess amount paid by the appellant because of an error in EDI system. Authority is duty bound to refund such amount.

Excise duty demand will not sustain if after adjusting Cenvat credit no differential demand arises

May 9, 2023 912 Views 0 comment Print

Commissioner of Central Excise & ST Vs Gujarat Heavy Chemicals Limited (CESTAT Ahmedabad) CESTAT find that appeal can be disposed of only on threshold point that whether the entire case involves the Revenue neutrality or otherwise. There is no dispute that all the goods on which the duty was demanded have been imported duly paid […]

Designing & Execution of Stalls on Customer’s Request is Work Contract not Interior Decorator service

May 9, 2023 903 Views 0 comment Print

Praveg Communications India Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) In the present case, the appellant’s activity being of setting-up of stalls for exhibition or events cannot be considered to be classified under Interior Decorator’s service for the reason that there is neither any element of beautification of space nor any provision […]

MOA cannot be rejected by Customs if not incorrect, fabricated or if no variation in specification of goods

May 9, 2023 465 Views 0 comment Print

Ghasiram Gokulchand Vs C.C. Jamnagar (CESTAT Ahmedabad) In the instant case, CESTAT find that the genuineness of the MoA dated 22.11.2012 has not been doubted. It is also noted that the LDT mentioned in the MoA dated 05.11.2012 between Ace Exim Pvt. Ltd. and Alang Auto & Gen. Engg. Pvt. Ltd. was not found to […]

Excise Duty cannot de demanded on Amortization Cost of Cylinder if same already included in value of packaging material

May 8, 2023 618 Views 0 comment Print

Pvn Fabrics Vs C.C.E. & S.T. (CESTAT Ahmedabad) As regard the demand of duty on cylinder used for printing of packaging material, we find that though the invoice was issued for sale of cylinder but the same was not cleared from the factory and the same was used within the factory since it is used […]

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