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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 8634 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 1527 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 858 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.

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

November 2, 2023 1188 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 1212 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 786 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 567 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 1488 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 750 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 456 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.

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