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Claim of wrong availment of abatement doesn’t amount to mis-declaration so demand of normal period sustained

July 3, 2023 1353 Views 0 comment Print

CESTAT Chennai held that claim of wrong availment of abatement via ST-3 returns doesn’t amount to mis-declaration. Hence, extended period of limitation cannot be invoked and demand for normal period sustained.

Penalty u/s 11AC unwarranted as Excise duty paid with interest

July 3, 2023 1083 Views 0 comment Print

CESTAT Chennai held that duty burden is shifted to the appellant unit only because facility under rule 12BB is opted. Also, penalty under section 11AC of the Central Excise Act, 1944 unwarranted when duty liability is paid with interest.

Abatement under Service Tax Requires Inclusion of Free Supply Material Cost

July 3, 2023 1677 Views 0 comment Print

CESTAT Ahmedabad rules that to avail abatement under Notification No. 01/2006-ST, the cost of material provided by the service recipient must be included in the gross value of construction service.

No Service Tax on BSNL Commission Included in Gross SIM Card Sale Price

July 3, 2023 1353 Views 0 comment Print

CESTAT Ahmedabad holds that no separate service tax can be levied on the commission received by the appellant from BSNL, when it’s included in the gross sale price of SIM cards. This verdict aligns with previous judgments favoring the assessee.

Re-Crystallisation & Distillation not Manufacturing under Central Excise Act

July 3, 2023 822 Views 0 comment Print

Learn about the landmark ruling of CESTAT Kolkata which stated that the processes of Re-Crystallisation and Distillation do not qualify as manufacture under the Central Excise Act, and the implications of this judgment on the appellant, Ganga Rasayanie.

IPL Player’s Brand Promotion doesn’t Fall under Business Auxiliary Service

July 3, 2023 1008 Views 0 comment Print

A landmark judgement from CESTAT clarifies that brand promotion carried out by IPL player Pinal Rohit Shah for Mumbai Indians does not fall under the category of Business Auxiliary Service. Understand the case details, analysis and implications here.

Eligibility of Defunct Manufacturer for Refund of Unutilised CENVAT Credit

July 3, 2023 936 Views 0 comment Print

A critical judgement by CESTAT remands the case of Suraj Ropes, a defunct manufacturer, seeking a refund of unutilised CENVAT credit accumulated due to export under bond and LUT. Read on for a comprehensive analysis of the case.

CESTAT Reduces Penalty for NRI Unaware of Baggage Rules

July 3, 2023 1344 Views 0 comment Print

Insightful overview of the CESTAT Ahmedabad’s decision in Deepali Suresh Padhiar Vs C.C.-Ahmedabad case, examining the implications for non-resident Indians unaware of Indian Baggage Rules.

CESTAT upheld confiscation of foreign-origin gold biscuits despite error in recorded statement

July 3, 2023 687 Views 0 comment Print

Case summary of Jochan Michael vs. Commissioner of Customs where CESTAT Kolkata upheld the confiscation of foreign-origin gold biscuits despite an error in the recorded statement.

CESTAT allows use of Cenvat credit of basic excise duty to offset Education Cess

July 3, 2023 906 Views 0 comment Print

In a landmark decision, CESTAT Ahmedabad supports Welspun Corp Ltd, permitting the use of Cenvat credit of basic excise duty to offset Education Cess and Secondary & Higher Education Cess, establishing a crucial legal precedent.

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