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Commissioner (A) Cannot Reverse its Earlier Sanctioned Service Tax Refund order

August 9, 2023 873 Views 0 comment Print

When an order has already been passed upholding the sanction of part of the refund claim, the same authority cannot pass another order setting aside the sanction of entire claim. Such order is ab initio void and non-est.

Rule 11(3) of Cenvat Credit Rules cannot be applied retrospectively

August 9, 2023 981 Views 0 comment Print

Read the analysis of the Welspun India Ltd. vs. Commissioner of CGST & CESTAT Ahmedabad case, where CESTAT quashes the reversal of CENVAT credit on Cotton Terry Towels due to non-insertion of Rule 11(3) of CENVAT Credit Rules.

CESTAT Remands Matter of Cenvat Credit on SS Pipes and Valves

August 9, 2023 840 Views 0 comment Print

Read the CESTAT Ahmedabad order on the determination of Cenvat Credit for SS Pipes, Valves, and more. The matter is remanded for reconsideration based on new judgments.

CESTAT Chandigarh Quashes Excise Duty Demand on Bought-Out Items

August 9, 2023 627 Views 0 comment Print

Read the CESTAT Chandigarh order quashing the excise duty demand on bought-out items by Oil Lube Systems. The appeal is partly allowed due to lack of proof for inclusion.

CESTAT upholds Service Tax Demand on ONGC Service provider

August 9, 2023 975 Views 0 comment Print

Read the CESTAT Kolkata order upholding the service tax demand on Mridul Phukan for providing taxable service to ONGC under commercial or industrial construction service.

No penalty under Central Excise Rule 26 if no Involvement in Handling of Goods Liable for Confiscation

August 9, 2023 2226 Views 0 comment Print

Analysis of the CESTAT Ahmedabad case between Qumruzzama Khan & C.C.E & S.T.-Vapi regarding penalties under Rule 26 of Central Excise Rules, 2002.

Service Tax on Real Estate Agent for Property Transactions: CESTAT

August 9, 2023 1248 Views 0 comment Print

Service Tax Leviable on Real Estate Agent if it acted as a middleman/ agent in the purchase and sale of immovable property and the amount received is consideration for such services.

Appellant entitled to interest for period of delay in section of excise duty refund: CESTAT

August 9, 2023 621 Views 0 comment Print

Read the CESTAT Ahmedabad ruling on interest for excise duty refund. Find out when the interest starts and its duration in the case of Raajratna Metal Industries Ltd.

Nature of business services is more important rather than brand name used in case of providing exemption: CESTAT Ahmedabad

August 8, 2023 1008 Views 0 comment Print

The appellants are cable operator and providing cable services to the subscribers on the basis of signals received from the MSO. The subscriber has not asked for any brand for providing the said services.

Cancellation of Customs Brokers licence quashed by CESTAT Delhi on grounds of non- violation of CBLR, 2013

August 8, 2023 651 Views 0 comment Print

Trinity International Forwarders, the appellant assessee was a Customs Broker. The assessee had been accused of violated the Regulations of 11(d), 11(e) or 11(n) of Customs Broker Licensing Regulations, 2013.

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