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CENVAT Credit allowed on Goods Destroyed during manufacturing process

July 28, 2023 1113 Views 0 comment Print

Comfort Polymers Pvt. Ltd. wins the case against CCE- Jammu at CESTAT Chandigarh. CENVAT credit on destroyed goods is allowed as per Rule 3(5B) and 3(5C) of Cenvat Credit Rules, 2004.

CESTAT Chennai Quashes BSNL’s Service Tax Demand for Telecom Services

July 28, 2023 1185 Views 0 comment Print

CESTAT Chennai grants relief to Bharat Sanchar Nigam Limited (BSNL) by quashing the demand for service tax on telecom services for the period 01.06.2008 to 31.03.2011 due to the non-inclusion of an Explanation in Rule 5(1) of the Service Tax Rules.

Without Mutuality of Interest, Rule 8 of Central Excise Valuation Rules, 2000 Inapplicable

July 28, 2023 834 Views 0 comment Print

CESTAT Chandigarh sets aside penalty and interest imposed on Punj Brothers Limited for non-payment of customs duty on clearance of goods, citing limitation and lack of mutuality of interest between the parties. The case involved related party transactions and application of Rule 8 of the Central Excise Valuation Rules, 2000.

CESTAT Upholds Penalty for Mis-declared Quantity of Imported LED Lights

July 28, 2023 951 Views 0 comment Print

CESTAT Delhi upholds penalty imposed under section 114AA of the Customs Act on M/s Surendra Electricals for mis-declaration of the quantity of LED lights in the bill of entry.

CESTAT Chennai Reduces Penalty for Attempted Export of Red Sander Wood

July 28, 2023 690 Views 0 comment Print

CESTAT Chennai reduces penalties imposed on Artisan’s Welfare Society for attempting to export red sander wood in the form of pillar tops in violation of Customs Act and Foreign Trade Act.

CESTAT Upheld service tax demand deletion Due to Limitation

July 28, 2023 729 Views 0 comment Print

The CESTAT Chandigarh upheld the deletion of service tax on installation commissioning services on the ground of limitation. The case involved Himachal Futuristic Communication Limited.

Interest Granted to Petitioner for Illegally Delayed Refund by Adjudicating Authority

July 28, 2023 831 Views 0 comment Print

In the case of Rajasthan Syntex Limited vs. Commissioner (CESTAT Delhi), the issue revolves around whether the appellant is entitled to interest for the intervening period when the rebate claim, which was retained by the Adjudicating Authority illegally, was ultimately sanctioned.

Calibration tests and upgradation/ configuration as per customer’s requirement doesn’t amount to manufacture

July 27, 2023 582 Views 0 comment Print

CESTAT Kolkata held that activity undertaken by the appellant as calibration tests and upgradation/configuration of the appliances according to the requirements/specifications of the customers, does not amount to manufacture as no new product came into existence. Hence, demand unsustained.

Subsequent suspension cannot affect duty free import as DFIA license was valid at the time of import

July 27, 2023 1758 Views 0 comment Print

CESTAT Kolkata held that activity undertaken by the appellant as calibration tests and upgradation/configuration of the appliances according to the requirements/specifications of the customers, does not amount to manufacture as no new product came into existence. Hence, demand unsustained.

Service tax paid on services received from overseas service providers in foreign countries duly refundable

July 27, 2023 1869 Views 0 comment Print

CESTAT Mumbai held that service tax paid on services received from overseas service providers in foreign countries duly refundable as the same cannot be fastened with the liability of service tax as a ‘deemed service provider’ in India.

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