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Capital goods under para. 09.08 of FTP includes furniture used indirectly for manufacture

October 4, 2022 4014 Views 0 comment Print

Ratnamani Metal And Tubes Limited Vs Commissioner of Customs (CESTAT Ahmedabad) We find that there is no dispute to the use of the subject second hand office furniture/equipment in relation to the manufacturing of goods and hence the subject goods are part of complete stainless steel tube manufacturing plant. The authorities below have nevertheless taken […]

Service tax not leviable on premium charged due to interest restructuring

October 1, 2022 816 Views 0 comment Print

CESTAT Delhi held that premium charged due to interest restructuring is net present value of loss of interest and therefore not leviable to service tax under ‘banking and other financial services’.

Customs broker liable for the act of employees

September 27, 2022 1008 Views 0 comment Print

Meghna Clearing and Forwarding P. Ltd Vs Commissioner of Customs (CESTAT Mumbai) In the present case the concern clerk admitted his mistake and sought for a lenient view in the matter. As per Section 58 of the Indian Evidence Act facts admitted by the parties or their agents are not required to be proved in […]

Cenvat Credit not admissible on insurance services pertaining to family members of employees

September 27, 2022 1008 Views 0 comment Print

Inadmissible cenvat credit i.e. in respect of the insurance services pertaining to the family members of the employee of the appellant.

Service Tax exemption under SEZ Act cannot be denied for procedural infirmities

September 27, 2022 1524 Views 0 comment Print

Procedural infirmities, for a shorter or longer time, does not in any way supplant service tax exemption accorded to impugned supply of services to units in SEZ

Explanation widening scope of provision will have prospective effect

September 27, 2022 1074 Views 0 comment Print

CESTAT held that ‘Explanation’ added to definition of ‘exempted service’ would widen the scope of the provision and will have prospective effect and cannot be applied retrospectively.

Cenvat credit eligible on tower, tower material & pre-fabricated buildings/shelters

September 23, 2022 1662 Views 0 comment Print

CESTAT Delhi held that tower/ tower material and pre-fabricated buildings/ shelters are covered within the definition of ‘capital goods’ and hence eligible for Cenvat Credit

Penalty under Section 11AC of excise Act cannot be imposed mechanically

September 22, 2022 3390 Views 0 comment Print

In absence of any such specific allegation in show cause notice authority cannot mechanically impose penalty under Section 11AC of Excise Act

No Unjust Enrichment when Service Tax Refund Claim was Time Barred

September 22, 2022 1746 Views 0 comment Print

Krishna Construction Co. Vs Commissioner of Central Goods And Service Tax (CESTAT Allahabad) In the instance case service tax was liable to be paid at the relevant time and it is only subsequently that by a retrospective amendment, exemption was granted with a specific condition that refund could be claimed by filing it within six […]

No compounded levy scheme on manually packed tin packing machine

September 22, 2022 2010 Views 0 comment Print

There was no levy of duty on compounded basis on Tin Packing machine and on pouches which had not been packed with the aid of packing machine, but were packed manually with the help of hand operated fillers or similar manually operated device and sealed with heat sealers/band sealers/candles/hot iron and the like.

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