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Penalty not leviable in absence of deliberate misdeclaration

June 28, 2022 3939 Views 0 comment Print

Matter of classification is complex. According, held that there is no scope for indicting the individuals in these proceedings for deliberate misdeclaration. Penalty not imposed as the role of the individuals in the misdeclaration of stores and bunkers is not evident in the impugned order.

Limitation period on CENVAT Refund claim –CESTAT direct Appellant to submit relevant documents to original authority

June 28, 2022 729 Views 0 comment Print

Vestas Technology R&D Chennai Private Ltd. Vs The Commissioner of GST & CE (CESTAT Chennai) During the course of hearing learned consultant for the appellants could not produce documents to prove that the claims filed by the appellants were in time as enunciated by the larger Bench in the case of M/s. Span Infotech India […]

CESTAT allows refund of CVD & SAD paid during GST regime for import made pre June 2017

June 27, 2022 2013 Views 0 comment Print

Explore the case of ITCO Industries Ltd. vs. GST Commissioner, CESTAT Chennai’s verdict on GST refund denial, advance authorizations, and compliance issues. Get insights into the legal analysis and its implications.

No Service Tax leviable on cleaning services provided to non-commercial building or premises

June 27, 2022 4821 Views 0 comment Print

CESTAT set aside the Ex-parte order passed by the Revenue Department confirming the demand of Service tax along with interest and penalty on the cleaning services in respect of non-commercial building or premises.

In case of conflict between a contract and law, the Law prevails

June 27, 2022 6156 Views 0 comment Print

Framing laws is the sovereign right of the state and this is not subservient to any contract between two businesses. Needless to say that in the case of any conflict between a contract and the law, the latter prevails.

CESTAT explains Rule 3(5B)- Cenvat credit Reversal for provision for slow moving inventory

June 27, 2022 1203 Views 0 comment Print

CESTAT Delhi ruling in Takata India Pvt. Ltd. case clarifies that a general provision for slow-moving inventory, not written off, does not attract Cenvat Credit Rules. Detailed analysis and implications.

Boats imported for Tourism are Excursion Boats & classifiable under CTH 8901

June 24, 2022 1932 Views 0 comment Print

Explore the Customs Classification dispute between E-Factor Adventure Tourism and Commissioner of Customs. Analysis of boat usage, registration, and the crucial CESTAT Chennai decision.

Camp Mobilisation/Demobilisation/Establishment cannot be treated As ‘Survey & Exploration of Mineral’

June 24, 2022 444 Views 0 comment Print

Explore the CESTAT Chennai ruling in AP Enterprises case. Analysis of activities—camp mobilization, construction, wiring—under Survey and Exploration of Mineral services.

Mere short payment of duty not sufficient to invoke extended period

June 24, 2022 750 Views 0 comment Print

CESTAT held that mere short payment of duty by the appellant is not sufficient in order to invoke the extended period.

Taxability of Reimbursement of expenses under Service tax and GST

June 23, 2022 30579 Views 0 comment Print

CESTAT held that, service tax is not payable on reimbursement of expenses as the nature of service should make no difference to the taxability of reimbursement.

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