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CESTAT set aside order of forfeiture of security deposit of Rs. 10 lakh of FedEx Express

April 18, 2023 840 Views 0 comment Print

FedEx Express Transportation & Supply Chain Services India Private Ltd Vs Commissioner (CESTAT Delhi) This is an appeal against Order-in-Original dated 27.03.2021 passed by the Commissioner of Customs (Airport and General), New Delhi, have ordered forfeiture of the whole amount of security deposit of Rs. 10 lakhs, alongwith penalty of Rs. 50,000/- under Regulation 14 […]

Ocean Freight/ Sea Transportation service not liable to service tax

April 18, 2023 2988 Views 0 comment Print

Ocean Freight/ Sea Transportation service is liable to service tax or otherwise is decided by Gujarat High Court in case of SAL Steel Limited

Central Excise Act One year limitation not applies to Service Tax paid under Protest

April 18, 2023 1365 Views 0 comment Print

CESTAT held that under Section 11B(1) of Central Excise Act, 1944, the period of one year will not apply if assessee paid duty under protest.

Abating for fraudulent availment of Cenvat credit – CESTAT sustain penalty

April 18, 2023 513 Views 0 comment Print

Banas Enterprises Vs C.C.E & S.T. Daman (CESTAT Ahmedabad) CESTAT  find that there is no dispute about the fraudulent availment of Cenvat Credit by M/s. Tarun Polymers, Daman, who has wrongly availed the Cenvat Credit of huge amount of 29170642/-. In order to avail this fraudulent Cenvat credit by M/s. Tarun Polymers, Daman, all buyers […]

Non-classification of service under Works Contract for not producing evidence of VAT payment- CESTAT remand matter back to AA

April 18, 2023 723 Views 0 comment Print

CESTAT find that Adjudicating Authority has denied classification of service under Works Contract solely on the basis that appellant have not produced any evidence to show that the appellant have been paying VAT/ Sales Tax on the execution of contract.

Same Transaction cannot be liable to Both Sales Tax & Service Tax

April 18, 2023 1623 Views 0 comment Print

SC in Bharat Sanchar Nigam Ltd vs. Union of India, held that both sales tax & service tax cannot be made applicable on same transaction

Balance left over in PLA is not covered by limitation

April 18, 2023 774 Views 0 comment Print

Amount deposited in PLA is an advance kept by assesses with exchequer & only when an amount is debited in PLA it is treated as payment of duty

Service Tax Commissioner (Appeal) cannot go beyond Scope of SCN

April 18, 2023 2352 Views 0 comment Print

Uniform Enterprise Vs C.C.E. & S.T. – Daman (CESTAT Ahmedabad) CESTAT find that show cause notice was issued demanding service tax under the head of Industrial or Commercial Construction Service and in the adjudication order also the service tax demand was confirmed under the same heading. However, the learned Commissioner (Appeals) travelling beyond the show […]

Excise duty on scrap can be paid by utilizing CENVAT Credit account

April 18, 2023 663 Views 0 comment Print

CESTAT held that the payment of duty for the waste and scrap by utilizing the CENVAT Credit account was in order.

Service Tax Refund rejection for non-matching of Invoice date: CESTAT remands matter back to Adjudicating Authority

April 18, 2023 1026 Views 0 comment Print

Acclaris Business Solutions Private Ltd Vs Commr. of CGST & CX, Kolkata North (CESTAT Kolkata) When the Appeal came up for hearing, the Ld. Counsel appearing on behalf of the Appellant submits that they had filed a refund claim for Rs.9,79,412/- in terms of Rule 5 of the Cenvat Credit Rules, 2004. The Adjudicating Authority […]

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