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

June 27, 2022 6345 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 1311 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 2025 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 513 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 780 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 30765 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.

Interest on Refund of Excess Duty Paid cannot be rejected

June 23, 2022 789 Views 0 comment Print

MSG Enterprises Vs Commissioner of Customs (CESTAT Delhi) provisions of Section 27 A, which provides that, “ where a refund is not granted within three months from the date of receipt of the application, that shall be paid to the applicant with interest at such rate, as notified, on such duty, from the date immediately […]

Limitation not applicable to Service Tax refund in the nature of revenue deposit

June 23, 2022 609 Views 0 comment Print

No limitation is applicable for refund in the facts and circumstances of the present case, due to the amount lying with the Revenue having the nature of revenue deposit.

Cenvat Credit eligible on Service Tax paid on Deposit Insurance Service

June 23, 2022 1257 Views 0 comment Print

Indian Overseas Bank Vs Commissioner of Central Excise & Service Tax (CESTAT Chennai) The issue that arises for our consideration is whether the credit availed by the appellant-bank on the Service Tax paid on the basis of the premium paid to DICGC for insuring deposits is eligible for CENVAT Credit or not. The said issue […]

Classification of inkjet printer’ and ‘ink-jet printing machine’

June 23, 2022 4725 Views 0 comment Print

Goods are not Digital Inkjet Printers or that the goods are not capable of being connected to ADP or network and therefore is not classifiable under 8443 32 50 is against clarification given by CBIC

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