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Service Tax Demand cannot be raised beyond 5 year period of limitation

March 19, 2021 49005 Views 0 comment Print

Chandigarh CESTAT ruling in Maharaja Crane Services vs. Commissioner of CGST – Applicability of Limitation Act to service tax matters. Legal insights on demand beyond the five-year limit.

Speaking order should be passed by Proper Office within 15 days of re-assessment of bills of entry

March 18, 2021 9438 Views 0 comment Print

Explore the CESTAT Chandigarh order in Manavi Exim Pvt Ltd vs Commissioner of Customs, Ludhiana. Learn about the implications of Section 17(5) of the Customs Act on re-assessment and the importance of a speaking order.

Cenvat Credit cannot be denied on mere Presumptions

March 17, 2021 3846 Views 0 comment Print

Nayara Energy Limited Vs C.C.E. & S.T. Rajkot (CESTAT Ahmedabad) We find that the adjudication authority in respect of most of the services denied the credit on the ground that no evidence was produced by the appellant to prove that the services was availed by the appellant and also on the ground that there is […]

Rejection of Excise duty refund claim made after Limitation Period was justified

March 16, 2021 2307 Views 0 comment Print

KEC International Ltd. Vs Commissioner of Central Excise & CGST (CESTAT New Delhi) amount as was prayed to be refunded is admittedly an amount other than the duty or interest which is the subject matter of refund under Section 11 B. Keeping in view the same, to my opinion Section 11B should not have been […]

Allegation of intention to evade Tax payment on Govt run Institute can be nothing but absurd

March 16, 2021 1767 Views 0 comment Print

It was held that when an Institute run by a State Government and associated in implementation of various welfare schemes of the Government, the allegations of suppression of facts or wilful misstatement can be nothing but absurd.

No service Tax on Supply of River Sand merely for loading/Unloading of the same by Appellant

March 12, 2021 3090 Views 0 comment Print

Shree Mohangarh Construction Co. Vs Commissioner of Central Excise & Service Tax (CESTAT New Delhi) The first contract is supply of river sand; it is not for loading or unloading any cargo. Needless to say that if somebody has to supply river sand it has to loaded into the truck and unloaded it at the […]

DRI are not proper officer for issuing demand under section 28

March 10, 2021 2406 Views 0 comment Print

Evershine Customs (C & F) Pvt. Ltd. Vs Commissioner of Customs a) The penalty under section 112 on the Customs Broker is set aside because even if the allegation that the CB has not fulfilled his obligations under CBLR 2013 is proven, no penalty can be imposed on this ground under section 112 of the […]

Excise dues of Husband cannot be recovered from Wife’s Property

March 9, 2021 9825 Views 0 comment Print

Meena Krishna Agarwal Vs Commissioner of Central Excise & ST, Vadodara (CESTAT Ahmedabad) The issue involved in the present appeal is whether the flats belonging to the appellant which she purchased under Registered Sale deeds dated 31.03.2008 out of monies received as gifts from her mother-in-law and father-in-law, can be proceeded against by the Excise […]

CESTAT quashed 2.47% CVD on continuous cast copper wire

March 8, 2021 2601 Views 0 comment Print

Since it was not possible to sustain the CVD levied for ‘other program’ and if the other program was excluded from the subsidy margin determination, assessee would fall below the de minimis level. The imposition of 2.47% CVD on assessee at serial no. 8 of the notification dated January 8, 2020 was, therefore, liable to be set aside.

Service tax on non-refundable contribution made by member of SPV units

March 5, 2021 681 Views 0 comment Print

The brief facts of the case are that the appellant M/s Gujarat Eco Textile Park Limited floated integrated textile park under the scheme of integrated textile parks (SITP) formed by the Government of India (Ministry of Textiles).

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