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No Penalty for non-fulfillment of export obligation under EPCG due to Court restrictions

October 2, 2023 5640 Views 0 comment Print

Explore the case of Commissioner of Customs (Port) vs. B R Marbles Pvt Ltd (CESTAT Kolkata) where penalties and interest were waived due to court-ordered delays.

No Service Tax on Construction Work Contracts Prior to June 1, 2007: CESTAT

October 1, 2023 3483 Views 0 comment Print

CESTAT held that here is no liability to pay tax under Commercial or Industrial Construction Service on construction of Dykes, Internal Roads and other civil miscellaneous works during the period under dispute which is prior to 01.06.2007

Exemption benefit available to waste, gums, fatty acids arising during manufacture of vegetable oil

September 30, 2023 618 Views 0 comment Print

CESTAT Chandigarh held that that waste, gums, fatty acids etc. arising during the course of manufacture of vegetable oils are eligible for the exemption Notification No.89/95-CE dated 18.09.1995.

Service Tax Demand merely based on Calculation Sheets quashed by CESTAT

September 30, 2023 693 Views 0 comment Print

In the case of Pearls Buildwell Infrastructure Limited vs. Commissioner of Central Excise & Service Tax, CESTAT Chandigarh quashes service tax demand due to insufficient evidence.

Refund not filed within 6 months from issue of notification no. 11/2017-CE (NT) rejected as time-barred

September 30, 2023 864 Views 0 comment Print

CESTAT Delhi held that refund of excise duty paid on Henna Powder and Henna Paste in terms of notification no. 11/2017-CE (NT) dated 24.04.2017 rejected as refund claim was not filed within a period of six months from the date of issuance of notification.

Taxable services provided for transmission and distribution of electrical energy is exempt from service tax

September 30, 2023 2778 Views 0 comment Print

CESTAT Chennai held that all taxable services provided for the transmission and distribution of electrical energy are exempt from the liability to service tax during the impugned period. Accordingly, demand of service tax, interest and penalty set aside.

CESTAT Rules Denial of Interest on Cenvat Credit Refund After 3 Months Not Legal

September 30, 2023 543 Views 0 comment Print

Analysis of CESTAT Delhi’s decision in Shakti Pumps (India) Ltd. vs. Commissioner of Central Goods & Service regarding the denial of interest on a refund of Cenvat Credit.

Service Tax: No Section 78 Penalty without Misrepresentation or Suppression of Facts

September 30, 2023 1962 Views 0 comment Print

In Scaria Thomas & Co vs. Commissioner of Central Excise & ST (CESTAT Ahmedabad) case, learn about the absence of penalty under Section 78 in service tax due to no misrepresentation.

Cenvat Credit Can Be Used for Excise Duty on Finished Goods or Indigenous Inputs

September 30, 2023 525 Views 0 comment Print

CESTAT Ahmedabad rules on the utilization of Cenvat credit for payment of excise duty by 100% EOU units during debonding. Detailed analysis and implications.

Extended period not invocable as wrong assessment not pointed out during scrutinizing return

September 29, 2023 630 Views 0 comment Print

CESTAT Delhi held that if the audit points out some wrong assessment which was not pointed out by the officer scrutinizing the ER-1 return, the fault lies at the doorstep of the officer. Hence, invocation of extended period of limitation bad-in-law.

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