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Anti-dumping Duty cannot be demanded on the basis of expired notification

February 15, 2023 1113 Views 0 comment Print

Once a notification enforcing anti-dumping duty is expired and non-existent, such non-existent notification cannot be extended.

Soil conservation & land reclamation Service by PSU to Government is exempt from service tax

February 14, 2023 1209 Views 0 comment Print

CESTAT Ahmedabad held that service of soil conservation and land reclamation undertaken by public sector undertaking which is provided to Government is exempt from service tax vide notification no. 25/2012.

Assessee entitled to refund of unutilized Cenvat credit of Education and S&H Education Cess

February 13, 2023 2199 Views 0 comment Print

Assessee is legally entitled for cash refund of accumulated & unutilized Cenvat credit of Education & Secondary and Higher Education Cess as per Rule 3 of Cenvat Credit Rules, 2004

Coaching for competitive exams is taxable service under Finance Act, 1994

February 13, 2023 2184 Views 0 comment Print

CESTAT Hyderabad held that imparting of coaching for competitive examinations such as IIT-JEE, AIEEE etc is a taxable service in terms of Section 65(26) of Finance Act 1994.

Freight charges for delivering goods upto buyers’ premises is not includible in assessable value

February 13, 2023 2814 Views 0 comment Print

CESTAT Hyderabad held that freight charges for delivering goods to the buyers premises is not includible while assessing the value for the purpose of payment of central excise duty.

Process of mixing of thermol and mixed oil doesn’t amount to manufacture

February 13, 2023 1200 Views 0 comment Print

CESTAT Ahmedabad held that mixing of thermol and the input namely Mixed oil does not alter the nature of the product accordingly the same doesnt amount to manufacture.

Activity of leasing workwear is not taxable under supply of tangible goods

February 11, 2023 861 Views 0 comment Print

CESTAT Ahmedabad held that activity of leasing workwear (uniform) to their clients on the conditions mentioned in the agreements with their clients is not taxable under supply of tangible goods.

Claim of extra payment unsustainable in absence of any documentary evidence

February 10, 2023 639 Views 0 comment Print

CESTAT Mumbai held that claim of extra payment of tax without any documentary evidence (except arithmetical calculation) is not adjustable and unsustainable in law.

Exemption Notification No. 30/2004-CE is not an absolute exemption

February 9, 2023 1140 Views 0 comment Print

On the plain reading of Rule 11 (3) (i) (ii), it is clear that as per sub-clause (2), the credit shall be lapsed only if the exemption under the Notification is absolute that means in case of conditional Notification the provision of lapsing of credit will not apply.

Cenvat Credit balance will not lapse only if product is exempted conditionally

February 9, 2023 594 Views 0 comment Print

Wearit Global Ltd. Vs C.C.E. (CESTAT Delhi) In the present case the appellant has opted for exemption as per the Notification No. 30/2004-CE where the exemption is conditional. As per Rule 11 (3)(ii) CCR, Cenvat Credit balance will lapse only if the product is exempted absolutely under Section 5A of Central Excise Act. But since […]

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