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Refund can’t be rejected merely because registration number not mentioned in invoice

June 4, 2020 3141 Views 0 comment Print

The issue under consideration is whether it is correct to reject the refund on the basis that the registration number of appellant not mention in invoice?

Cenvat Credit cannot be denied for Invoices prior to ISD registration

June 1, 2020 2601 Views 0 comment Print

Mafatlal Industries Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) Demand of Rs. 39,60,634/- was confirmed on the ground that same was wrongly availed on ISD invoices issued by the appellant’s Ahmedabad and Mumbai branch for services availed prior to the date of ISD registration was granted for the said unit. We find […]

Customs Valuation Rules- Invoice price cannot be rejected without cogent reasons

May 29, 2020 5004 Views 0 comment Print

CESTAT are of the clear view that merely based on DGOV circular also, value cannot be enhanced which is without authority of law. It is clearly held that DGOV circular cannot override the provisions of Valuation Rules.

Electricity bill paid on behalf of client is not ‘Business Auxiliary Service’

May 29, 2020 2298 Views 0 comment Print

The issue under consideration is regarding classification of services, whether electricity bill paid on behalf of client can be classified as ‘Business Auxiliary Service’?

Higher discount justified if Goods imports in Bulk & maintain inventory by incurring Additional Cost

May 27, 2020 5847 Views 0 comment Print

Lutron GL Sales & Services Pvt. Ltd. Vs Commissioner of Customs (CESTAT Delhi) The issue under consideration is whether the percentage of enhancement to the transaction value ordered by the Deputy Commissioner of Customs is justified in law? In the present case, the appellant M/s Lutron GL Sales & Services Pvt. Limited imports lighting control […]

Date of filing of bill of entry is not date of import

May 6, 2020 16395 Views 0 comment Print

Radhe Exim Pvt. Ltd. Vs C.C. (CESTAT Ahmedabad) From the plain reading of the definition of import it is clear that when the goods enter into territorial water of India that is the stage of completion of import into India and not the date of filling of Bill of Entry, therefore, if the appellant possess […]

CENVAT credit of service tax paid for insurance service received by banks from DICGC was available

March 20, 2020 3636 Views 0 comment Print

Insurance service provided by Deposit Insurance Corporation to banks was an input service and CENVAT credit of service tax paid for this service received by the banks from the Deposit Insurance Corporation could be availed by the banks for rendering output services.

To Levy Services Tax No Presumption of Deemed Sale on the ground of Non Payment of VAT

March 20, 2020 846 Views 0 comment Print

Authority has contended that since there is no payment of VAT, the transaction is not a deemed sale. However, we are of the view that there may be cases where even though there is a deemed sale, but the particular transaction may not attract sales tax/VAT.

Handwritten Serial Number cannot be the reason for denial of ITC

March 20, 2020 1878 Views 0 comment Print

Krupa Trading Company Vs C.C.E. & S.T. (CESTAT Ahmedabad) The short issue involved in the present case is that whether the denial of Cenvat Credit by the Adjudicating Authority for the reason that invoices of input service bear handwritten serial number is correct or otherwise. It is clear from the rules that the invoice should […]

Service Tax Refund claim filed after expiry of limitation cannot be entertained

March 18, 2020 9375 Views 0 comment Print

Comexx Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) We find that the decisions relied on by the appellant in his support were passed without appreciating the decision of Hon’ble Apex Court in the case of Doaba Co-operative Sugar Mills (supra) and in the case of Mafatlal Industries Limited vs. UOI – 1997 (89) […]

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