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CESTAT allows Refund claim of unutilised CENVAT Credit of Pre-GST regime

August 26, 2022 2028 Views 0 comment Print

Appellant entitled to get cash refund against CENVAT Credit available to its credit during pre GST regime under Section 142(3) of CGST Act

Cenvat credit admissible on GTA services from place of removal upto 1.4.2008

August 26, 2022 648 Views 0 comment Print

CESTAT hold that the credit on GTA services from the place of removal upto 1.4.2008 was rightly admissible to the Appellant.

No duty escapement in clearance of good by Job worker at value fixed by TISCO

August 26, 2022 525 Views 0 comment Print

Commr. of Central Excise Vs Indian Steel & Wire Products Ltd. (CESTAT Kolkata) Appellant had entered into an agreement with TISCO for conversion of billets into wire rods for job of basis. After during the course of conversion, certain losses, such as burning losses occurred to the extent of 7%. Accordingly, appellants were required to […]

Transport charges cannot be included in valuation for mining services

August 26, 2022 804 Views 0 comment Print

CESTAT held that transport charges cannot be included in valuation for mining services when transport activities been performed in mining area

CESTAT condones delay of 2644 days in filing appeal by sick unit before BIFR under SICA

August 25, 2022 927 Views 0 comment Print

Royal Cushion Vinyl Products Limited Vs Commissioner Of Customs Export (CESTAT Mumbai) On perusal of the date chart/list of events, as above, we find that as a sick company, the applicant was pursuing the matter before the BIFR under the Sick Industrial Companies (special Provisions) Act, 1985. Further, on examination of the case records, we […]

Concessional rate benefit of 2.5% basic customs duty available on import of power tillers

August 25, 2022 1833 Views 0 comment Print

Held that power tillers and rotary tillers are self same goods. Accordingly benefit of concessional rate of basic customs duty of 2.5% under notification no. 12/2012- Customs dated 17.03.2012 is available on import of power tillers

Service tax payable on revenue realized and not on revenue recognized

August 25, 2022 3690 Views 0 comment Print

Held that the Service tax is paid on the basis of the revenue realized towards the provision of the taxable services and not on the basis of the revenue recognition.

Blind belief cannot be a substitute for bona fide belief

August 25, 2022 1035 Views 0 comment Print

CESTAT Kolkata held that bona fide belief that goods manufactured and cleared were not subject to excise duty needs to be established. Duty demand is sustainable in case the bona fide belief is not established.

Differential classification of same goods imported at different places would negate very purpose of Tariff Act

August 25, 2022 2385 Views 0 comment Print

Commissioner of Customs Vs Reliance Jio Infocomm Ltd (CESTAT Mumbai) Differential classification of same goods imported at different places would negate very purpose of Tariff Act CESTAT held that differential classification of the impugned goods imported at different places would negate the very purpose of the Tariff Act on the one hand and would cause avoidable […]

Straightaway relying on statement of persons & demanding tax is unsustainable

August 23, 2022 1848 Views 0 comment Print

Held that the Adjudicating Authority had failed to follow the requirement of Section 9D of the Act regarding examination in chief of witness, therefore demand of service tax on the basis of statements of persons cannot be sustainable.

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