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Transaction value cannot be rejected merely on the grounds that transaction is between the related persons

January 1, 2022 5190 Views 0 comment Print

NPT Papers Pvt Ltd  Vs C.C. Mundra (CESTAT Ahmedabad) It is well settled law that even if the foreign suppliers are related to indian importers the transaction value cannot be rejected on the grounds that a transaction is between the related person when identical or similar goods were sold at the same price to unrelated […]

Excise Refund claim made on or before 01.07.2017 will be dealt under excise law: CESTAT Chandigarh

December 31, 2021 2718 Views 0 comment Print

Riba Textiles Limited Vs CCE & ST, Panchkula (CESTAT Chandigarh) Provisions of Section 142 of CGST Act, 2017 clearly show that every claim of refund, every proceeding of appeal, review or reference filed/initiated whether on or before the appointed day i. e. 1.7.2017 under the existing law which means the jurisdiction for the purpose of […]

SCN under Customs issued after six month of confiscation of gold was barred by limitation

December 31, 2021 7044 Views 0 comment Print

DI Gold Designer Jewellery Vs Commissioner of Customs (CESTAT Delhi) In the present case, when apparently, the show cause notice proposing confiscation of goods seized under Section 110 of Customs Act was issued after one year from the date of seizure. The show cause notice itself gets hit by limitation as the show cause notice […]

Cenvat credit cannot be reversed for theoretical variance in Inputs

December 30, 2021 2145 Views 0 comment Print

Tata Motors Ltd. Vs Commissioner of Central Excise (CESTAT Mumbai) We find that in the facts and circumstances of the present case the shortages and excesses if any found are theoretical due to huge quantity of inputs handling. It is not a case of the Department that the appellant have ever removed any Cenvat inputs […]

Duty cannot be demanded for mere shifting of goods to another premise by 100% EOU-importer

December 30, 2021 1698 Views 0 comment Print

Power Weave Software Services P. Ltd. Vs Commissioner of Central Excise (CESTAT Mumbai) The appellant is in appeal against the impugned order wherein duty has been demanded from the appellant for import of the goods being 100% EOU, who obtained permission from Software Technology Parks of India (STPI in short) and goods were also liable […]

Right to avail ITC cannot be denied on service tax paid after introduction of GST

December 29, 2021 4518 Views 0 comment Print

Circor Flow Technologies India Private Ltd. Vs Principal Commissioner of GST & Central Excise, (CESTAT Chennai) Section 142 (3) of GST Act provides how to deal with claims of refund of service tax of tax and duty / credit under the erstwhile It is stated that therein that such claims have to be disposed in […]

No penalty if no material to prove suppression of facts to Evade Service Tax

December 29, 2021 3504 Views 0 comment Print

Commissioner of CGST & Excise Vs Asian Hotel (East) Limited (CESTAT Kolkata) In this case, I find that the contention of the appellant that he bona fidely believed that he is not liable to pay service tax but during the audit, the audit party informed him that he is liable to pay service tax, then […]

Substantial benefit provided in Notifications cannot be denied for procedural lapses

December 29, 2021 9954 Views 0 comment Print

In present facts of the case, while dismissing appeal of the Revenue, the Hon’ble CESTAT observed that substantial benefit provided by Notifications can’t be denied on procedural lapse.

Excise Duty was not leviable on supply of concrete mix

December 28, 2021 1893 Views 0 comment Print

What had been manufactured and supplied by assessee was ‘concrete mix’, which was not dutiable. Revenue had not brought any facts on record in support of its allegation of manufacture of RMC by assessee. Therefore, ‘concrete mix’ manufactured by assessee was not dutiable under Central Excise Act.

Favorable Order on refund of ST amount paid on Ocean freight

December 22, 2021 1341 Views 0 comment Print

CESTAT Delhi grants refund to Amzole India Pvt. Ltd. on service tax. Advocate Anand Bhattacharya highlights key ruling. Legal insights on service tax dispute.

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