Follow Us:

All CESTAT

Demand as job worker unsustained in absence of supply of goods by principal manufacturer

June 22, 2023 849 Views 0 comment Print

CESTAT Chandigarh held that job worker is the one who works upon the goods supplied directly or indirectly by the principal manufacturer. In absence of the said supply, appellants do not fit into the definition of ‘job worker’. Hence, demand unsustainable.

Goods not meeting requirements of under Chapter Note 4 of Chapter 27 cannot be classified under CTH 27101920

June 22, 2023 1683 Views 0 comment Print

CESTAT Kolkata held that for the purpose of sub heading 27101920, the “light oils and preparations” are those of which 90% or more by volume (including losses) distil at 210 degree Celsius. Goods not meeting the requirements as specified under Chapter Note 4 of Chapter 27 cannot be classified under CTH 27101920.

Services of extending corporate guarantee without any consideration is not considered as a service

June 22, 2023 1422 Views 0 comment Print

CESTAT Delhi held that no service tax is payable as the assessee did not receive any consideration for providing a corporate guarantee.

No Service Tax on Coal Mines Provident Fund Organization’s Administrative Charges

June 22, 2023 1224 Views 0 comment Print

CESTAT Kolkata upholds that Coal Mines Provident Fund Organization (CMPFO) is not liable to pay service tax on administrative charges in the absence of service provider-recipient relationship and consideration.

Entry under Section 65(105)(zzd) can be invoked only for construction simpliciter

June 22, 2023 924 Views 0 comment Print

A comprehensive review of the case National Building Construction Corporation Limited vs Commissioner of Central Excise & Service Tax, exploring the impact of the correct classification under Section 65(105)(zzd) for construction contracts.

Department cannot file Revise Application in terms of Section 35EE of excise

June 22, 2023 339 Views 0 comment Print

CESTAT Mumbai’s decision, clarifying role of Revenue in filing revise applications under Section 35EE of Excise Act, in the case of Mail Order Solutions (I) Ltd.

Delayed payment charges collected from customers from 01.07.2012 is not leviable to service tax

June 21, 2023 1311 Views 0 comment Print

CESTAT Chennai held that service tax could not be levied on ‘delayed payment charges’ collected by the appellant from their customers from 01.07.2012 also.

Cenvat Credit Rejection Requires Consideration of Evidences, Not Assumptions

June 21, 2023 396 Views 0 comment Print

Explore CESTAT Mumbai judgement in Astoria Agro & Allied Inds Pvt Ltd Vs Commissioner of CGST, underlining importance of evidence consideration in rejecting Cenvat Credit claims

Utilization of CENVAT Credit within same entity does not cause loss to Exchequer

June 21, 2023 666 Views 0 comment Print

CESTAT held that the utilization of credit by any unit within the same entity would not cause any loss to the Exchequer. This is because the credit disallowed to one unit is proportionally made available to the second unit. From a company’s perspective, the net credit availed and utilized remains unchanged.

Doctrine of Unjust Enrichment inapplicable when appellant made disputed Payment

June 21, 2023 1020 Views 0 comment Print

Delve into judgment of CESTAT Kolkata in the case of Pecon Computech Pvt Ltd Vs Commissioner of CGST & Excise, underlining non-applicability of unjust enrichment in context of Service Tax refunds

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031