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All CESTAT

Cess credit refund cannot be denied for non-utilisation prior to GST regime

June 17, 2022 1743 Views 0 comment Print

Refund of credit of cess cannot be denied merely on the ground that such credit, which could not be utilized prior to GST regime, would stand lapsed.

No Service Tax payable on liquidated damages received in the nature of penalty

June 16, 2022 981 Views 0 comment Print

Service Tax on the amount of liquidated damages – CESTAT Held that, Service Tax is not payable on liquidated damages collected in the nature of penalty.

Cenvat credit on goods lying outside factory can be claimed after taking inside

June 16, 2022 408 Views 0 comment Print

Successful appeal by Sanjay Castings against excise duty demand. CESTAT Ahmedabad rules in favor, rejecting allegations on old molds, coal credit denial.

Installation services inclusive of goods are works contract services

June 16, 2022 1458 Views 0 comment Print

Ram Sewak Tiwari Vs Commissioner of Customs, Central Excise & Central GST (CESTAT Delhi) The issue in the matter is about the classification as to: whether the services rendered by the appellant are that of Erection, Commissioning and Installation or are of the nature of Works Contract Services. Since the contracts are mentioned to be […]

Admissibility of CENVAT Credit on Del Credere Agent Services

June 16, 2022 522 Views 0 comment Print

Dhoot Compack Pvt. Ltd. Vs Commissioner of Central Excise (CESTAT Mumbai) Assessee  appointed Del Credere Agent, to guarantee the solvency of their customer and ensure speedy recovery of the amounts due from them. These services are in relation to the activities which are post sale and clearance of goods and hence these cannot be treated […]

CESTAT allows refund of Service Tax Paid on Ocean Freight

June 16, 2022 1440 Views 0 comment Print

Asiatic Drugs & Pharmaceuticals Pvt Ltd Vs Commissioner CGST (CESTAT Delhi) The issue in this appeal is whether the refund claim of the appellant-asseesse have been rejected which was collected on ocean freight. CESTAT find that the transaction value for Custom duty and Excise duty (CVD), includes the ocean freight, and accordingly I hold that […]

CENVAT Credit on transportation from the place of removal upto the buyers’ premises / dealers for period upto 31.03.2008 is eligible

June 16, 2022 654 Views 0 comment Print

India Cements Ltd. Vs Commissioner of GST & Central Excise  (CESTAT Chennai) CESTAT held that that the credit on outward transportation from the place of removal upto the buyers’ premises / dealers for period upto 31.03.2008 is eligible. FULL TEXT OF THE CESTAT CHENNAI ORDER The above matters have come up for hearing as per […]

Penalty u/s 112(a) reduced for import of counterfeit goods

June 15, 2022 1590 Views 0 comment Print

Sun Sea Shipping Agency Vs The Commissioner of Customs (CESTAT Chennai) The goods are counterfeit and have been confiscated. However, penalty u/s 112(a) being on higher side is reduced Facts- The assessee filed a Bill of Entry dated 22.12.2017 through their Customs Broker M/s. Sun Sea Shipping Agency for the clearance of import consignment in […]

Penalty u/s 114AA levied for misdeclaration of value of imported goods

June 14, 2022 5313 Views 0 comment Print

S.D. Overseas Vs Joint Commissioner of Customs (CESTAT Delhi) Penalty u/s 114AA leviable in case of misdeclaration of the value of the imported goods as per the manufacturer’s price lists. Facts- The appellant had imported a consignment of Food Supplements through ICD, Tughlakabad and filed a Bill of Entry dated 04.01.2013 and the goods were […]

Crushing and screening iron ore classified as iron ore fines, exempt from CVD

June 14, 2022 2448 Views 0 comment Print

The appellant engaged in the manufacture of iron ore pellets. One of the raw materials required for the same is iron ore fines.

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