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Interest not payable if sufficient cenvat credit lying in cenvat credit account

November 2, 2023 1047 Views 0 comment Print

n the Vodafone Essar East Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) case, interest is not payable if sufficient cenvat credit lies in the account. This article delves into the case and analyzes the legal perspective.

CENVAT Credit eligible on inputs used for manufacture of final products that are destroyed during testing

November 1, 2023 1062 Views 0 comment Print

CESTAT Chandigarh held that CENVAT Credit cannot be denied merely because final products are destroyed during testing. Notably, testing is integral to the activity of manufacture and CENVAT attributable to inputs that have gone into the manufacture of final products cannot be denied.

Imported product which functions like badge reader is rightly classifiable under Chapter 8543

November 1, 2023 687 Views 0 comment Print

CESTAT Bangalore held that the product i.e. ‘553 series for 4500 Full A/N Prox. Exp Memory’ which functions like a badge reader is rightly classifiable under Chapter 8543.

Benefit of notification 2/2008-CE and 4/2006-CE available to 100% EOU for clearance in DTA

November 1, 2023 519 Views 0 comment Print

CESTAT Kolkata held that 100% EOU for clearance in DTA is entitled for benefit of notification no. 2/2008-CE dated 01.03.2006 for clearance of Linear Alkyl Benzene Sulphuric Acid and notification no. 4/2006-CE dated 01.03.2006 for clearance of Spent Sulphuric Acid.

Rule 3(5B) of Cenvat Credit Rules Inapplicable Without Revenue Evidence of Goods Non-Usage

November 1, 2023 1320 Views 0 comment Print

In the case of Haver Ibau India Pvt. Ltd. vs. C.C.E. & S.T.-Vadodara-II, CESTAT Ahmedabad clarifies Rule 3(5B) application for cenvat credit. Full analysis and judgment.

CESTAT directs consideration of Fresh CA’s Certificate in SAD refund Dispute

November 1, 2023 696 Views 0 comment Print

CESTAT Kolkata directs re-adjudication on customs duty demand for SAD refund after finding that the Chartered Accountant’s Certificate was not authentic. Details and implications discussed.

CESTAT Quashes Penalty on CA under Central Excise Rule 26 for Proper Certificate

November 1, 2023 384 Views 0 comment Print

CESTAT Kolkata sets aside a penalty of Rs.50,000 imposed on a Chartered Accountant (CA) under Rule 26 of the Central Excise Rules, 2002, due to proper issuance of a certificate.

Compliance with Service Tax Rules Establishes Service Export in Absence of Intermediary Role

November 1, 2023 951 Views 0 comment Print

Thyssenkrupp System Engineering India Pvt. Ltd. triumphs in CESTAT Mumbai, successfully challenging service tax demand. Key details of the case explained.

One-Time Premium/Salami for Property Interest Transfer Not Subject to Service Tax

November 1, 2023 3828 Views 0 comment Print

CESTAT Kolkata held that one time payment, in the form of Premium or Salami for transfer of interest in the property cannot be equated as rent and hence the same is not exigible to the service tax. Accordingly, demand of service tax set aside.

No Service Tax on Water and Electricity Supply to Tenants by GMR: CESTAT

November 1, 2023 1008 Views 0 comment Print

CESTAT Hyderabad rules that no service tax is payable on electricity and water supplied to tenants by GMR Hyderabad Airport, citing government exemptions.

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