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All CESTAT

Mere repacking from retail to bulk & labelling not amounts to manufacture

March 10, 2022 5238 Views 0 comment Print

Global Adsorbents (P) Limited Vs Commissioner of Central Excise It is undisputed that the appellant is selling activated carbon in bags with its own name pre-printed on them. Thus, if the appellant is selling the goods with its own name on the packets, it is labeling the product. The next question is whether it is […]

Service tax not payable on packed food sold as take away & not served in restaurant

March 9, 2022 3273 Views 0 comment Print

Hotel UTSAV Vs C.C.E. & S.T. SURAT-I  (CESTAT Ahmedabad) We find that the appellant have been discharging the service tax in respect of food served in the restaurant to their customers. However, they are not paying service tax in respect of packed food which is sold as take away either on the counter of the […]

Partner not liable to pay service Tax on Share of Profit & Remuneration from Partnership Firm

March 9, 2022 10443 Views 1 comment Print

Gautam Bhattacharya Vs Commissioner of Central Tax (CESTAT Bangalore) Brief facts of the case are that the appellants are the partners of partnership firm namely M/s. Ernst & Young, LLP. The appellants had filed their income tax returns showing components such as ‘sale of services’, against which partners have shown certain amount received from the […]

CESTAT upheld validity of Issue of two SCNs for the same Period

March 6, 2022 9696 Views 0 comment Print

Varun Beverages Limited Vs Commissioner of Central Excise & Service Tax (CESTAT Delhi) The preliminary objection by the appellant is that a show cause notice (SCN) dated 10 February 2016 was issued by the Department demanding duty short paid by irregularly availing exemption under Notification No. 1/2011-CE along with interest and penalty. The present show […]

CESTAT explains related person & inter-connected undertakings for Central Excise Valuation rules

March 6, 2022 2979 Views 0 comment Print

Khyati Ispat Private Limited Vs Principal Commissioner (CESTAT Delhi) The facts of the case, in brief, are that M/s Khyati Ispat Pvt. Ltd., Raipur3, is a private limited company engaged in manufacture of Iron and Steel products, such as, angles, channels & joists falling under Chapter 72 of Schedule II to the Central Excise Tariff […]

CESTAT allows Refund of CVD/SAD as such credit is no available under GST

March 6, 2022 2928 Views 0 comment Print

Mithila Drugs Pvt. Ltd. Vs. Commissioner, Central Goods and  Service Tax,(CESTAT Delhi) CESTAT finds that the payment of CVD and SAD subsequently during GST regime, for the imports made prior to 30.06.2017 is not disputed under the advance authorisation scheme. It is also not disputed that the appellant have paid the CVD and SAD in […]

New condition imposed on import not applies to import already originated from the port of shipping

March 6, 2022 1464 Views 0 comment Print

Rasrasna Foods Pvt Ltd Vs C.C.-Mundra (CESTAT Ahmedabad) ThThe brief facts of the case are that the appellant had imported a consignment of Sajji Khar at Mundra Port under warehousing Bill of entry No.6272028 dated 28.12.2019. On 16.01.2020. The FSSAI authority certified that the appellant holds FSSAI license and the sample conforms to the standards […]

Cenvat Credit on repair & maintenance of windmill located outside factory premises allowable

March 6, 2022 3630 Views 0 comment Print

Swiss Glascoate Equipments Vs C.C.E. & S.T. (CESTAT Ahmedabad) The issue involved is whether the appellant is entitled for Cenvat Credit in respect of repair and maintenance of wind mill which is located outside the factory premises. Both the lower authorities have denied the Cenvat Credit on the ground that the wind mill is located […]

Date of Cancellation of sale of flat is relevant date for computing limitation under Section 11B

March 5, 2022 1572 Views 0 comment Print

Pramukh Realty Vs C.C.E. & S.T.-Daman (CESTAT Ahmedabad) The brief facts of the case are that the appellant have pad service tax on Construction of residential Complex for which they have entered into the agreement for sale of flats, accordingly they have paid service tax on sale of flats. Subsequently the sale of flats has […]

Disinclination on the part of the first appellate authority to consider rectification is inexplicable: CESTAT

March 5, 2022 948 Views 0 comment Print

Radius Corporate Solutions (India) Pvt Ltd Vs Commissioner of Service Tax VII (CESTAT Mumbai) Though none appeared on behalf of the appellant to advance arguments in support of their challenge to order-in-appeal no. MKK/207/RGD-APP/2018-19 dated 30th August 2018 of Commissioner of Central Tax (Appeals), Raigad, the appeal is taken up, with the assistance of Learned […]

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