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In limitation issue Appellate authority should decide the matter instead of remanding back  

March 8, 2023 1371 Views 0 comment Print

Rudraksh Detergent And Chemicals Pvt Ltd Vs C.C.E.-Kutch (CESTAT  Ahmedabad) The issue involved in the present case is that whether the re-credit claimed by the appellant is correct or not in terms of para 2C of area based exemption Notification No. 39/2001- CE dated 31.07.2001. This appeal was filed against the Commissioner (Appeals) order whereby […]

Builder entitled to service tax credit/refund on cancellation of bookings

March 8, 2023 1965 Views 0 comment Print

Ratnawat Infra Construction Company LLP Vs Commissioner, Central Excise & CGST (CESTAT Delhi) Situation which arises in this particular type of business of developing real estate, the CBIC have considered and have clarified that the developer/builder is entitled to service tax credit on cancellation of bookings, wherein the builder have refunded the amount of booking […]

No service tax on Road Construction Services to Government

March 8, 2023 4551 Views 0 comment Print

Apollo Construction Projects’ service tax dispute with ONGC, GWSSB, and AUDA. CESTAT Ahmedabad sets aside tax demand on road construction services provided to GWSSB and AUDA.

Manual plastic scrap segregation from rest of scrap not amounts to manufacture or production

March 6, 2023 1305 Views 0 comment Print

CESTAT Delhi held that mere manual segregation of plastic scrap from the rest of the scrap is neither manufacturing nor producing the plastic scrap and hence no central excise duty is chargeable on removal of the same.

Assistant Commissioner is necessarily required to implement decision of Tribunal

March 6, 2023 1722 Views 0 comment Print

CESTAT Delhi held that to maintain judicial discipline, the Assistant Commissioner had necessarily to implement the decision of the Tribunal. Denial of refund pursuant thereto is unjustifiable.

Procedural lapse in Rule 7 of CCR, 2004 cannot be ground to deny substantial benefits of cenvat credit

March 6, 2023 2403 Views 0 comment Print

CESTAT Hyderabad held that rule 7 of Cenvat Credit Rules, 2004 is just a procedure and procedural lapse cannot be ground to deny the substantial benefit of Cenvat Credit.

SAD exemption under notification no. 21/2012-Cus not available on import of parts of articles of jewellery

March 6, 2023 1236 Views 0 comment Print

CESTAT Delhi held that exemption from special additional duty (SAD) of customs under the Notification No. 21/2012-CUS dated 17.03.2012 is not available on import of parts of articles of jewellery.

Penalty u/s 25 of CER 2002 not imposable on mere statements without supportive evidences

March 6, 2023 771 Views 0 comment Print

CESTAT Delhi held that imposition of penalty under rule 25 of CER 2002 merely on the basis of statements without supporting evidences is untenable in law.

Service tax not leviable on composite works contract services prior to 1.06.2007

March 6, 2023 1002 Views 0 comment Print

CESTAT Chennai held that services provided in the nature of composite works contract for which project is executed for the period prior to 1.6.2007 is outside the purview of service tax.

Towers, shelter and parts thereof are eligible for CENVAT Credit under capital goods

March 6, 2023 1782 Views 0 comment Print

CESTAT Delhi held that towers, shelter and parts thereof are ‘capital goods’ accordingly entitled to avail Cenvat Credit under Capital Goods.

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