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Cenvat credit eligible on outward transportation from factory gate to customer’s place

October 28, 2020 1740 Views 0 comment Print

Commr. of Central Excise Vs Anmol Biscuits Ltd. (CESTAT Kolkata) Hon’ble Supreme Court in the case of CCEx.,Belgaum Vs. Vasavadatta Cements Ltd. : 2018 (11) GSTL 3 (SC) held that that the assessee is legally eligible to avail credit on outward transportation availed from place of removal upto a certain point, whether it is a […]

Rule 6(3) of CCR, 2004 not applies to supply of dutiable good under SFIS Scheme

October 28, 2020 744 Views 0 comment Print

Sudhir Power Ltd. Unit-III Vs CCE & ST- Jammu and Kashmir (CESTAT Chandigarh) It is a fact on record that the appellant is manufacturing DG sets and enclosures which are dutiable under Chapter 85 of CETA 1985. The appellant is also clearing goods to the buyers under SFIS Scheme duty free in terms of the […]

NIDB data cannot be sole basis to reject transaction value without any cogent reasons

October 20, 2020 2748 Views 0 comment Print

The issue under consideration is whether the invoice represent the true transaction value in the international market? This casual observation is not based on the factual position that emerges from the records of the case. Thus, for all the reasons above, the Commissioner (Appeals) was not justified in setting aside the orders passed by the assessing officer on the Bills of Entry.

CESTAT allows ITC which was disallowed under wrong impression

October 15, 2020 1215 Views 0 comment Print

The issue under consideration is whether the disallowance of input tax credit against service is justified in law? The said demand is also not tenable as the said demand was prima facie raised under the impression that the appellant is not entitled to cenvat credit.

Interest for Delayed Service Tax refund – From the date of application or date of order?

October 13, 2020 3258 Views 0 comment Print

Scribetech India Healthcare Pvt Ltd. Vs Commissioner of Central Tax (CESTAT Bangalore) The Bangalore CESTAT ordered for the interest for a delayed refund on the expiry of period of three months from the date of receipt of application, following the decission Supreme Court in the case of Ranbaxy Laboratories Ltd. Section 56 of the CGST […]

Service Tax liability of Demerged Undertakings cannot be fastened on assessee upon merger

October 7, 2020 2796 Views 0 comment Print

CESTAT Delhi held that, the assessee could not be held to be liable for discharging service tax liability of the Demerged Undertakings as it the service recipient and not service provider therefore, the confirmation of demand by the Commissioner is bad in law.

Cenvat Credit Can’t be Denied for Export of Exempted goods Outside India

October 5, 2020 2535 Views 0 comment Print

The issue under consideration is whether the lower authority is correct in stating that the appellant is not entitled to avail credit of duty paid on inputs used in the manufacture of exempted goods since they have cleared the said exempted goods for export outside India?

No Service Tax on amount collected towards bouncing of cheque charges

October 5, 2020 2100 Views 0 comment Print

Rohan Motors Limited Vs Commissioner of Central Excise (CESTAT Delhi) The demand of service tax in respect of the amount collected on account of bouncing of cheques and cancellation of orders is also not sustainable. These amount are penal in nature and not towards consideration for any service. In this connection reliance can be placed […]

Extended period cannot be invoked in case of revenue neutral situation

October 2, 2020 2916 Views 0 comment Print

Star Alloys & Chemicals Pvt. Ltd. Vs. CCE & ST (CESTAT Delhi) CESTAT has held that in the case of GTA service, CENVAT credit is available, therefore extended period cannot be invoked. Learned Advocate submits that whatever service tax was payable by them on the said GTA services, the same was available as a credit […]

No Service Tax on Income from Screening of Movies for Annual Film Festival

October 1, 2020 3795 Views 0 comment Print

The issue under consideration is whether service tax is applicable on income received from screening of movies for the annual film festival?

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