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Duty demand not sustained as evidence reveals that appellant is an independent manufacturer

June 8, 2023 534 Views 0 comment Print

CESTAT Chennai held that differential duty demand unsustainable as invoices for purchase of raw materials and invoices for clearances of finished products indicate that the appellant is an independent manufacturer.

Celling of CENVAT rule 6(3)(c) not apply to capital goods & services specified under rule 6(5)

June 7, 2023 1236 Views 0 comment Print

Held that the ceiling of 20% under Rule 6(3)(c) is not applicable to capital goods and 17 input services specified under Rule 6(5) of the CENVAT Credit Rules, 2004.

Demand without identifying common inputs used for taxable & exempted service is unsustainable

June 7, 2023 672 Views 0 comment Print

CESTAT Delhi held that confirmation of demand without identifying the common inputs used for both taxable as well as exempted services is unsustainable and liable to be quashed.

Benefit of no duty import allowed when goods jointly imported by financing company and EOU

June 7, 2023 1401 Views 0 comment Print

CESTAT allowed Export Oriented Unit (EOU) and financing company jointly to enjoy the benefit of no duty imports when imported goods used by EOU.

Demanding duty drawback unsustained as payment for goods exported duly received

June 6, 2023 1548 Views 0 comment Print

CESTAT Delhi held that demanding the duty drawback unsustained as payment for goods exported is duly supported by BRC and re-certified after verification by the Bank. Further, revenue has not brought on record any evidence relating to diversion of goods or return of any remittance.

No Service Tax on Spares & Accessories Used for Free Warranty Services

June 6, 2023 1212 Views 0 comment Print

CESTAT overturned order that required payment of Service Tax on expenses incurred for spares and materials used in provision of complimentary services during warranty period.

CESTAT quashes order as it lacked reasoning or findings to support its conclusion

June 3, 2023 1728 Views 0 comment Print

Analysis of CESTAT Mumbai case – Commissioner’s order lacking reasoning set aside, violating justice principles. Learn the details, issues, and the remand decision.

100% Penalty Not Imposable if Duty, Interest & 25% Penalty Already Paid

June 3, 2023 2841 Views 0 comment Print

Explore the Network vs. Commissioner of Central Excise case – CESTAT Chandigarh ruling on penalty, service tax, and Section 80 benefits. Full analysis and order details.

Supplies to Merchant Exporters not includible for SSI Exemption calculation

June 3, 2023 687 Views 0 comment Print

Universal Packaging Vs Commissioner of Central Excise (CESTAT Mumbai) The legality of availing Small Scale Industries (SSI) exemption without including the value of supplies to Merchant Exporters has been challenged in four appeals. The appellant, a manufacturer of Corrugated Carton Boxes, had availed the SSI exemption under Notification No. 8/2003. However, periodic show-cause notices were […]

Refund of CENVAT credit pertaining to the period prior to registration cannot be denied

June 2, 2023 2316 Views 0 comment Print

Denial of CENVAT credit for non-registration of premises is not justified as per Section 11B of the Central Excise Act, 1944. Further held that, when conditions like payment of tax and receipt of service are satisfied, in such case credit cannot be denied on the basis that the credit was availed few days before the payment of tax.

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