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Cenvat credit refund cannot be rejected for inadvertent Mistake

July 11, 2021 1134 Views 0 comment Print

Convance Clinical Development Pvt. Ltd. Vs Commissioner Of Central Tax (CESTAT Bangalore) it is not in dispute that the appellant is an exporter and does not have any domestic services at all. Appellant availed input services for the purpose of rendering output service exporting to his foreign company for which he pays service tax and […]

CESTAT Bangalore confirms service tax demand on VCF trust

July 10, 2021 7887 Views 0 comment Print

M/s. ICICI Econet Internet and Technology Fund Vs. Commissioner of Central Tax (CESTAT Bangalore) Any start-up needs huge financial support and presently this is being done by alternative investment funds (AIFs) or venture capital fund (VCFs). These funds are pooled investment vehicles with a certain set of contributors. In India, these funds are usually in […]

When no service has been rendered, service tax cannot be levied

July 9, 2021 4461 Views 0 comment Print

Ruchi Soya Industries Ltd Vs Commissioner of Customs (CESTAT Delhi) Amount received by the appellant in terms of Machine Availability clause, from the service provider with reference to maintenance of WTG due to shortcoming in said service is merely an amount to safeguard the loss of appellant. The said amount cannot be called as consideration […]

No Service tax under OIDAR merely because user receives a code for getting print of ticket from cinema hall

July 5, 2021 2166 Views 0 comment Print

Service tax under the category of OIDAR, therefore, cannot be levied upon a user merely because he receives a code for getting a printout of the ticket from the cinema hall.

Retrospective exemption & refund of service tax – Tax paid utilising Cenvat credit also refundable

July 5, 2021 4494 Views 0 comment Print

Shanti Construction Co Vs C.C.E. & S.T. (CESTAT Ahmedabad) Retrospective exemption & refund of service tax – Tax paid utilising Cenvat credit also refundable We find that as per the facts before us there is no dispute that the tender was opened on 28.01.2015 and the appellant was declared successful bidder thereafter no separate contract/ […]

CESTAT directs original authority to decide refund claim after considering submission of Appellant

July 4, 2021 504 Views 0 comment Print

EYGBS (India) LLP Vs Commissioner of Central Tax (CESTAT Banglore) CESTAT find that the impugned order has rejected the refund claims on the grounds that the appellant has violated the condition at para 3(III)(a), 3(III)(d) and Rule 5 of SEZ Notification No.12/2013-ST dt. 01/07/2013. Further, I find that the appellant has SEZ units as well […]

No confiscation of finished goods under excise in absence of finding of attempted Clandestine Removal

July 1, 2021 645 Views 0 comment Print

Maa Santoshi Tobacco Co. Vs Commissioner, Central Goods and Service Tax (CESTAT Delhi) I find that only for not finding the statutory register being RG-I and Form-4 at the time of inspection by the Officers of DGCEI, adverse inference have been drawn without reference to the records of the appellant available with the Department, being […]

Limitation when assessee cannot file more than one refund claim for each quarter

June 29, 2021 714 Views 0 comment Print

SA Impex Vs Commissioner of Central Goods & Service Tax (CESTAT Delhi) When the provisions require that only one claim has to be filed for each quarter, definitely, an assessee has to file one claim only at the end of the quarter. Thus, the limitation cannot be counted from the day of LEO or the […]

Relevant date for Refund of duty under section 11B of Central Excise Act

June 29, 2021 3918 Views 0 comment Print

Rayban Sun Optics India Pvt . Ltd. Vs Commissioner of Central Excise and CGST (CESTAT Delhi) Apparently and admittedly, the appellant filed the refund claim on 19.02.2018. The refund was claimed on an amount as was deposited by him during investigation and which was ordered to be appropriated vide Order-in-Original dated 21.10.2004. No doubt the […]

No penalty on importer for delay due to system related defect

June 25, 2021 861 Views 0 comment Print

Explore the CESTAT Chennai case of T.G. Silks vs. Commissioner of Customs, addressing late fee charges during the GST transition. Uncover technical challenges, system defects, and the waiver possibility under Notification No. 26/2017.

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