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No Service Tax on Rent from bullock Carts with Tyres & without bullocks or driver used in Sugarcane Transportation

February 25, 2020 2409 Views 0 comment Print

The issue involved is whether the appellants are liable to pay Service Tax on the rent received by them for allowing the harvesting contractors to use the Appellant’s bullock carts with tyres without any bullocks or driver for transporting the sugarcane to the sugar factories?

Discount given for non-provision of certain service to foreign buyer not liable under BAS

February 24, 2020 873 Views 0 comment Print

MAN Trucks India Pvt. Ltd. Vs CCE (CESTAT Delhi) In a case where the assessee had exported goods to sister concern who in turn had sold them to buyers there, with the foreign importer being responsible for providing after sales services, CESTAT Delhi has held that the discount given in consideration for non-provision of warranty […]

Separate notice not required for personal hearing post section 110(2) amendment

February 24, 2020 3648 Views 0 comment Print

After amendment of section 110(2) it was concluded that no separate notice was necessary, before extending the period of limitation by a further six months (for issuance of show cause notice); the authority had to record reasons in writing, which of course, should be based on materials and inform the concerned party about the extension before the expiry of the first period of six months. 

Penalty justified for evading customs duty by wrongly availing benefits

February 24, 2020 4014 Views 0 comment Print

Adjudicating Authority was right in in imposing a penalty under the provision of Section 114A and Section 114AA of the Customs Act, 1962 as  both the appellants were fully aware that M/s B Pvt. Ltd. was importing complete Segway electrically operated product in CKD condition by mis-declaring the same as CKD parts of components such as Power unit, transmission kit, etc.

Refund of input Cenvat credit cannot be denied for mere non-registration of premises

February 20, 2020 3474 Views 0 comment Print

High Court of Judicature at Madras has held that the refund of input Cenvat credit cannot be denied just because premises was unregistered, in the case of Commissioner of GST & Central Excise, Chennai Vs. BNP Paribas Sundaram Global Securities, in CMA No. 57 of 2018 dated 18.01.2018. Therefore, the denial of refund for the reasons of a premises being un­registered cannot sustain and the same is set aside.

Goods Manufactured for use by other Manufacturers cannot be subjected to Excise U/s. 4A

February 19, 2020 1332 Views 0 comment Print

T.M. Tyres Limited Vs Commissioner of Central Excise (CESTAT Hyderabad) It is an admitted fact on record that the appellant is engaged in the manufacture of Butyl rubber inner tubes and such product by itself is separately identifiable and is a distinct Marketable product. It cannot be said that the product manufactured by the appellant […]

Goods Transport Agency Services not eligible for Cenvat Credit

February 19, 2020 2241 Views 0 comment Print

The issues involved in this Appeal is whether GTA service is entitle as an input service in terms of Rule 2(l) of Cenvat Credit Rules, 2004 even after 1.4.2008 on FOR sales i.e. delivery upto the factory gate of the customers, which, according to Revenue, was beyond the place of removal?

If Designated Committee not issues SVLDRS 3 within 30 days it is a case of deemed discharge

February 17, 2020 1815 Views 0 comment Print

Exotica Housing Pvt. Ltd. Vs Commissioner, Central Excise, Customs, Goods and Service Tax (CESTAT Delhi) if Designated Committee has not issued SVLDRS 3 within 30 days it is a case of deemed discharge under SVLDRS- In that circumstances, SVLDRS-3 form has not been issued to the appellant, therefore, the designated authority was duty bound to […]

Valuation – Advertisement & sales promotion expenses incurred by importer on own account, not includible

February 13, 2020 1263 Views 0 comment Print

Indo Rubber and Plastic Works Vs Commissioner of Customs (CESTAT Delhi) CESTAT Delhi has held that in absence of any condition precedent, the expenditure by the importer-appellant on advertisement and sales promotion incurred on its own account and not for discharge for any obligation of the seller (foreign exporter) under the terms of the sale, […]

Service Tax payable on Contribution to Secure Depositors Interest

February 12, 2020 882 Views 0 comment Print

Deposit Insurance Contract is also a general insurance contract as defined in law and merely because they are statutorily prescribed, they do not cease to be contract of insurance. The insurer is the Corporation, the insured are the banks and the beneficiary is the depositor(s)

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