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CESTAT Orders Reconsideration on Merits as Commissioner (Appeals) Incorrectly Rejected Appeal

September 29, 2023 585 Views 0 comment Print

In Gidderbaha vs. Commissioner of CGST & Central Excise Ludhiana case, CESTAT orders reconsideration on merits due to improper rejection based on pre-deposit compliance.

No Penalty on Customs House Agent Not Directly Involved in Facilitating Illegal Imports

September 29, 2023 738 Views 0 comment Print

CESTAT Chennai’s ruling on penalty under Section 112(a) of the Customs Act for importing Chinese mobile phones. Analysis of K. Natarajan vs. Commissioner of Customs case.

PCA not liable to pay service tax under the heading “Club or Association Service”

September 29, 2023 654 Views 0 comment Print

In absence of evidence and PCA’s registration under Society Registration Act, tribunal found that PCA was not liable to pay service tax under Club or Association Service.

Excise Duty Refund Cannot Be Withheld by mere appeal filing Without Higher Court Stay

September 29, 2023 804 Views 0 comment Print

Analysis of Indian Oil Corporation Ltd vs CCEST case where issue of excise duty refund and applicability of limitation under section 11B were discussed. Learn more.

No Service Tax Under BAS on Compression of Natural Gas Classified as Manufacturing

September 29, 2023 681 Views 0 comment Print

Discover CESTAT Ahmedabad’s ruling on service tax for compression of natural gas as manufacturing activity. Learn about the case and its implications.

Issue requiring detailed analysis cannot be decided by rectifying original order

September 29, 2023 4590 Views 0 comment Print

Rectification of order was not made only on apparent error but issue in rectification of order was mixed question of law and fact that on which date service tax is leviable even Cenvat credit issue also involve a detailed scrutiny.

VAT Challan Missing Bill of Entry: No Basis for Denying SAD Refund

September 29, 2023 435 Views 0 comment Print

CESTAT Bangalore quashes appeal, permitting the refund of 4% Special Additional Duty (SAD) on imported goods without the need for VAT Challans to show the Bill of Entry.

CENVAT Credit for Input Services used in Manufacturing & Sale of Final Products Cannot Be Denied

September 29, 2023 801 Views 0 comment Print

CESTAT Chandigarh held that in view of the wider scope given in the definition under Section 2(l) of CENVAT Credit Rules, 2004, cenvat credit of all the Input Services used in or in relation to the manufacture and sale of final products or in relation to the business activity cannot be denied.

Contract involving both service and transfer of property in goods is classifiable under works contract

September 29, 2023 738 Views 0 comment Print

CESTAT Chennai held that nature of service involving both service as well as transfer of property in goods/material is classifiable under ‘works contract. Hence re-classifying the same under erection, commission and installation is unsustainable in law.

CENVAT Credit on inputs used for fabrication of capital goods is eligible

September 29, 2023 1134 Views 0 comment Print

CESTAT Hyderabad held that CENVAT Credit on inputs used for fabrication of capital goods like pollution control equipment, heating furnace, casting machine, coating machine, chimney, rolling machine, reheating machine, control panel, etc. is eligible.

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