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Cross examination of witness is mandatory in terms of Section 9D under Excise Act

October 21, 2021 6531 Views 0 comment Print

Meera Pipes Pvt Ltd Vs C.C.E. (CESTAT Ahmedabad) Conclusion: In present facts of the case, it was observed that cross examination of witness is mandatory in terms of Section 9D of the Central Excise Act, 1944. Also, it was observed that private notebook relied on without recording statements and its authors there was no legally […]

Custom Authority cannot insist for producing entire original VAT/ST challans if no deficiency memo

October 16, 2021 570 Views 0 comment Print

Aditya Chemicals Vs Commissioner of Customs (CESTAT Chennai) Production of original VAT or Sales Tax Challans not required for grant of SAD refund unless any deficiency memo is issued The Hon’ble Customs, Excise & Service Tax Appellate Tribunal, Chennai (the CESTAT Chennai) in the case of M/s Aditya Chemicals v. Commissioner of Customs [Customs Appeal […]

Service Tax refund: Certificate of existing Statutory Auditor cannot be denied for earlier period  

October 15, 2021 2106 Views 0 comment Print

Cognizant Technology Solutions India Pvt. Ltd. Vs Commissioner of Central Excise & Service Tax (CESTAT Chennai) Service Tax refund: Certificate of existing Statutory Auditor cannot be denied for earlier period The second issue is that the auditor’s certificate is not signed by the statutory auditor who was engaged during the period when the refund is […]

Service Tax Refund Claim: CA certificate cannot be considered as conclusive proof

October 14, 2021 8445 Views 0 comment Print

Explore the CESTAT Bangalore judgment in Apnacar.Com Pvt. Ltd. Vs Commissioner, addressing refund claim on excess taxes paid, evidentiary requirements, and time limits.

SCN by DRI Officer U/s. 28 demanding Customs Duty not Sustainable

October 13, 2021 2766 Views 0 comment Print

Principal Commissioner, Customs Vs Dish TV India Limited (CESTAT Delhi) At the outset learned Counsel representing the appellant importer, Shri Dalmia and Shri Tagra, submitted that the SCN was issued by DRI in these matters under section 28(4) of the Customs Act demanding differential duty in respect of the goods which were assessed and thereafter […]

Excise duty payable on amount received from Honda India due to cancellation of contract

October 13, 2021 861 Views 0 comment Print

Rajasthan Prime Steel Processing Center Pvt. Ltd. Vs Commissioner Central Excise and CGST (CESTAT Delhi) Appellant is engaged in the manufacture of auto parts which the appellant sells to many buyers. The appellant had entered into a contract with Honda India for supply of auto parts used in the manufacture of motor vehicles. For the […]

Base Oil SN50 cannot be reclassified as HSD in absence of conclusive evidence

October 12, 2021 3462 Views 0 comment Print

Base oil SN50 could not be classifiable as High-Speed Diesel (HSD) in absence of any conclusive evidence to hold that the imported product was only HSD and it could be used as Automotive Fuel, the imported base oil in question could not be reclassified as HSD.

Service Tax Refund: Port services were not required to be established as rendered by port

October 10, 2021 1068 Views 0 comment Print

Hyundai Motor India Limited Vs Commissioner of Central Excise & Service Tax (CESTAT Chennai) The Tribunal vide Final Order No. 41431 of 2018 dated 01.05.2018 had earlier disposed of the above appeal. In paragraph 5 of the said order, the issue with regard to invoices issued by M/s. Natvar Parekh Industries relating to Port Services […]

Cenvat credit eligible on setting up of CHP for evacuation of coal by rapid loading process

October 10, 2021 939 Views 0 comment Print

Bharat Coking Coal Ltd. Vs Commr. of Central Excise & S. Tax (CESTAT Kolkata) The issue before us is whether credit is available on Coal Handing Plant (CHP), which has been set up by the appellant for evacuation of coal from its mining premises. Purpose of setting up of the CHP is to load the […]

No Service Tax on Fixed Components of Job Charges forming part of transaction value

October 10, 2021 1539 Views 0 comment Print

Brindavan Bottlers Pvt. Ltd. Vs. Commissioner of Central Goods (CESTAT Allahabad) We find that the appellant have actually entered into an agreement for manufacture on job work basis. Evidently, as per the agreement the job charges have been spread over in two tier billing i.e. fixed charges and variable charges. The reason being that in […]

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