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Duty demand due to clandestine removal doesn’t sustain in absence of independent & tangible evidence

July 21, 2022 2424 Views 0 comment Print

Held that the allegation of clandestine production and removal has to be established against any person by independent and tangible evidence. No demand exists in absence of such evidence.

Service tax demand merely based on TDS/26AS statement is unsustainable

July 20, 2022 6723 Views 0 comment Print

Held that the demand of services tax is not sustainable on the basis of TDS /26AS statements.

Rule 6 (3) of CCR, 2004: Revenue cannot choose one of options and force it upon assessee

July 19, 2022 1311 Views 0 comment Print

Agrawal Metal Works Pvt. Ltd. Vs Commissioner of Central Goods and Service Tax (CESTAT Delhi) It is undisputed that the appellant has been manufacturing goods on job work basis and has been clearing them without paying duty as per the Notification No. 214/86-CE dated 25.03.1986. If the activity amounted to manufacture- which has not been […]

Service tax cannot be levied under RCM for letting out of residential property by Director to Company

July 18, 2022 1371 Views 0 comment Print

CESTAT held that service tax cannot be levied on the company for payment of rent to the director unless such premises are used for commercial purpose.

Cenvat credit on rejected goods available as inputs

July 18, 2022 1212 Views 0 comment Print

Held that Rule 16 allows the assessee to avail the cenvat credit of duty paid on the goods cleared by them, as if such goods are received as inputs

Ownership of goods post let export order is with importer: CESTAT

July 16, 2022 2322 Views 0 comment Print

Held that Appellant lost the ownership of the goods as soon as let export order was issued and hence Appellant cannot be held responsible if the importer situated at Iran had given instruction to change the port.

Re-determination of value, without any case of mis-declaration & undervaluation, not maintainable

July 14, 2022 2448 Views 0 comment Print

Revenue has not made out any case of mis-declaration and consequential undervaluation. Therefore, we find no merit in the re-determination of the value of the yacht and confirmation of differential duty thereon.

Cenvat Credit on capital goods eligible when finished goods are dutiable under Central Excise 

July 12, 2022 879 Views 0 comment Print

K K Spun India Ltd. Vs Commissioner of Central Excise Customs and Service Tax (CESTAT Delhi) Learned Counsel for the appellant urges that the show cause notice is mis-conceived, as the finished products manufactured by the appellant are not exempted, rather are dutiable @ 10% ad valorem as per CTH 68109990 under the Central Excise […]

Cenvat credit of service tax paid under RCM eligible to manufacturer

July 12, 2022 2667 Views 0 comment Print

G & G Ispat (P) Limited Vs Commissioner (CESTAT Delhi) Appellant admittedly has paid the service tax chargeable from them under reverse charge mechanism, on 31.10.2015, which was reflected in the return filed for the period 2014-15, which was filed on 21.01.2016. Further, appellant has also informed this fact of tax having been deposited vide […]

Ocean freight not subject to Service Tax under Business Auxiliary Services

July 10, 2022 1854 Views 0 comment Print

CESTAT set aside order of Revenue Department demanding service tax on Ocean Freight Charges under Business Support Services.

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