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Separate Invoicing for Tubes and Flaps Doesn’t Affect Cenvat Credit

November 3, 2023 636 Views 0 comment Print

Cenvat Credit on Input or Capital Goods could not be denied merely for showing tubes and flaps separately in invoices. Moreover, tubes and flaps were used in the manufacture of the tyres and as such qualify to be “inputs” given the definition given under Rule 2(k) of CCR, 2004.

TDS from Own Account not excludible from Gross Taxable Value

November 3, 2023 663 Views 0 comment Print

CESTAT Bangalore held that TDS amount paid to the Government by the appellant from his own account not to be included in the gross taxable value. Accordingly, service tax not leviable on the same.

Benefit of Notification 108/95-CE cannot be denied if no evidence of removal of goods before project completion

November 2, 2023 738 Views 0 comment Print

CESTAT Bangalore held that in the absence of any evidence regarding removal of the goods before completion of the project, the benefit of Notification No.108/95 CE dated 28.08.1995 amended vide Notification No.13/2008 CE dated 01.03.2008 cannot be denied. Accordingly, demand set aside.

Notification 41/2012-ST Covers Refund of Swachh Bharat & Krishi Kalyan Cess

November 2, 2023 1284 Views 0 comment Print

CESTAT Kolkata held that notification no. 41/2012-ST grants refund of service tax paid on the taxable services used for export of goods. The said refund includes refund of Swachh Bharat Cess (SBC) and Krishi Kalyan Cess (KKC) too.

CENVAT Credit in respect of effluent treatment activity allowable

November 2, 2023 591 Views 0 comment Print

CESTAT Ahmedabad held that effluent treatment activity is essential in relation to the manufacture of final product and accordingly, CENVAT Credit in respect thereon cannot be denied.

CENVAT Credit on ISD invoice issued without obtaining ISD registration available

November 2, 2023 1020 Views 0 comment Print

CESTAT Ahmedabad held that CENVAT Credit on ISD invoice issued without obtaining ISD registration is allowable as payment of service tax on services received not disputed.

Customs Duty Demand for Undervalued Plastic Granules Quashed

November 2, 2023 846 Views 0 comment Print

Customs duty demand on the undervaluation of plastic granules or flakes of powder was quashed in the absence of corroborative evidence and the value declared by assessee was correct being a transaction value and therefore, no addition could be made.

Service of order by Speed Post cannot be deemed to be served in absence of proof of delivery: Section 37C of Central Excise Act-1944

November 2, 2023 8448 Views 0 comment Print

Shri Surya Prakash Gaur Vs Commissioner, Central Excise (CESTAT Delhi)- Service of order by Speed Post cannot be deemed to be served in absence of proof of delivery – Section 37C of Central Excise Act-1944

GTA Services Recipient Not Liable To Pay Service Tax if Paid by service provider

November 2, 2023 1368 Views 0 comment Print

Explore the CESTAT Ahmedabad verdict on Dhariwal Industries Ltd. vs. C.C.E. & C. – Anand, clarifying service tax liability on GTA services and cenvat credit entitlement.

No Provision to Reverse Capital Goods Cenvat Credit for Damage, Wear & Tear

November 2, 2023 756 Views 0 comment Print

Learn how the CESTAT Kolkata ruled that no provision exists to reverse CENVAT credit on capital goods due to damage and wear & tear. Get insights into the case of East India Holding Pvt. Ltd. vs. Commissioner of CGST & Central Excise.

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