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Depreciation allowable up to the date of payment of import duty

June 29, 2022 1398 Views 0 comment Print

Explore the CESTAT Ahmedabad case – Anjaleem Enterprise P Ltd Vs C.C.E. & S.T. Learn how lower authorities violated Tribunal orders on duty, depreciation, and payment.

Branch in any other country, treated as ‘separate person’, Service tax not payable in India

June 29, 2022 2214 Views 0 comment Print

Held that a person carrying on a business through a branch or agency in any country shall be treated as having a business establishment in that country and such establishment situated abroad as a separate person.

Exemption Notification No. 29/89-C.E. dtd. 01.03.1989 applies only to Kerosene

June 29, 2022 567 Views 0 comment Print

Indian Oil Corporation Ltd. Vs C.C.E. & S.T. (CESTAT Ahmedabad) Introduction The case of Indian Oil Corporation Ltd. vs. C.C.E. & S.T. revolves around the interpretation and applicability of Notification No. 29/89-C.E. dated 01.03.1989. This article delves into the details of the notification, the conditions for its benefit, and the subsequent legal proceedings. Detailed Analysis […]

CESTAT explains Section 11BB provisions related to Interest on delayed refunds

June 29, 2022 6642 Views 0 comment Print

Explore the CESTAT Ahmedabad ruling in Bhilosa Industries Pvt. Ltd. vs. C.C.E. & S.T. case, clarifying interest on delayed refund under Section 11BB of the Central Excise Act, 1944.

CESTAT upheld penalty for issue of Invoices without Movement of Goods

June 29, 2022 798 Views 0 comment Print

Explore the CESTAT Ahmedabad ruling on Steel & Metals Co. penalty for CENVAT invoicing violations. Understand the case, analysis, and the implications of Rule 26.

No Penalty & Confiscation for mere Clerical Error in filling Bill of Entry

June 29, 2022 2169 Views 0 comment Print

Explore the CESTAT Delhi ruling in Ceramic Tableware case against the Commissioner of Customs. Analysis of clerical error, redemption fine, and penalty under Sections 112(a)(ii) and 114AA.

No penalty under Rule 26 of Central Excise Rules, 2002 if goods were supplied with invoice

June 29, 2022 1167 Views 0 comment Print

Explore the CESTAT Ahmedabad decision in Atul Parekh vs. C.C.E. & S.T. case. Penalties under Rule 26 for abetment in fraudulent Cenvat Credit nullified. Case details and analysis.

Service Tax Refund cannot be denied to SEZ unit for mere non-inclusion of service in approved list

June 28, 2022 1002 Views 0 comment Print

Explore the case of Tega Industries vs. C.C.E. & S.T. (CESTAT Ahmedabad) as CESTAT overturns refund denial. Analysis of Business Support Service, procedural lapses, and distinct identities.

Cenvat credit cannot be denied merely for availment on photo copies of invoices

June 28, 2022 2349 Views 0 comment Print

CESTAT Ahmedabad ruled in favor of DKNV Engineering Pvt Ltd, stating that credit denial based on photocopies of invoices is a procedural lapse, not a valid reason.

Classification of imported ‘yaravita zintrac (zinc oxide suspension concentrate)’

June 28, 2022 1128 Views 0 comment Print

Yara Fertilizers India Private Limited Vs Commissioner of Customs (CESTAT Mumbai) Introduction: The case of Yara Fertilizers India Private Limited vs Commissioner of Customs, adjudicated by the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) Mumbai, revolves around the classification dispute of the imported product ‘yaravita zintrac (zinc oxide suspension concentrate).’ The disagreement stems from […]

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