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Activity of filling gas received through pipeline into cylinders by compression not amounts to manufacture

August 4, 2021 1386 Views 0 comment Print

Popular Carbonic Pvt. Ltd. Vs Commissioner of Central Excise (CESTAT Chennai) (i) The issue is to whether the process of compressing carbondioxide and subsequent filling in cylinder amounts to manufacture in terms of Chapter Note 9 to Chapter 28 of the Tariff Act has been settled in favour of the appellant by the Tribunal in […]

Service tax refund cannot be denied on Legal Export of goods although procured through illegal means

August 4, 2021 1647 Views 0 comment Print

V.V. Minerals [100% EOU] Vs Commissioner of GST & CE (CESTAT Chennai) Unless there Is any provision to the contrary, the charging sections of the tax laws apply to illegal acts as they apply to legal acts and therefore tax is leviable notwithstanding that action for the illegal actions may be taken under some other […]

Procedural irregularity in ISD distribution is revenue neutral & will not effect substantive right of appellant

August 4, 2021 3576 Views 0 comment Print

Maini Precision Products Ltd Vs Commissioner of Central Tax (CESTAT Bangalore) In the present case, the learned Commissioner has confirmed the demand of CENVAT credit on the grounds that the appellant has failed to distribute the credit to its various units regarding common input service. The defence of the appellant that after the implementation of […]

Period of Limitation increased to 18 Months w.e.f. 28.05.2012

August 4, 2021 4686 Views 0 comment Print

Krishi Upaj Mandi Samiti Baran Vs Commissioner, CGST & Central Excise Division (CESTAT Delhi) There is no dispute that the relevant date in the present case is 25.11.2012. Prior to this date on 28.05.2012, section 73(1) of the Finance Act was amended and it was provided that the Central Excise Officer could issue a notice […]

CENVAT Credit cannot be denied on the ground that supplier was not liable to pay duty on goods supplied

August 3, 2021 2328 Views 0 comment Print

GEMSCAB Industries Ltd. Vs Commissioner Central Goods (CESTAT Delhi) In view of the observed admission and settled law, the question of adjudication is answered in negative holding that CENVAT Credit cannot be denied on the ground that the supplier was not liable to pay the duty on the goods supplied. Also it is observed that […]

No NCCD leviable on hydrocarbons for not being marketable

August 2, 2021 1116 Views 0 comment Print

The Appellants contended that the mixture manufactured by the Respondents is Natural Gas Liquid (NGL) in contrast to which the Respondents submitted that the above is rather gas condensate on which NCCD should not be levied.

LLP not required to pay service tax under reverse charge mechanism

July 28, 2021 3720 Views 0 comment Print

SRL Advisors LLP Vs Commissioner of Central Tax Delhi (CESTAT Delhi) Rule 2(bc) of Service Tax Rules, refers to the meaning of ‘body corporate’ in Section 2(7) of the Companies Act, wherein any other body corporate which includes a LLP is specifically excluded from the definition of body corporate. Thus I hold that the appellant […]

One-to-one correlation between output & input service not required for claiming refund

July 28, 2021 5367 Views 0 comment Print

CESTAT held that, there is no need to establish one-to-one correlation between output service exported and input service used in such services.

No Service Tax on liquidated damages recovered for not adhering to time limits mentioned in contract

July 26, 2021 4401 Views 0 comment Print

CESTAT held that, no service tax is to be imposed on liquidated damages recovered for not adhering to time limits mentioned in the contract as the same would not be covered in ‘Declared Services’ mentioned under Section 66E(e) of the Finance Act, 1994

No service tax on forfeiture of earnest money deposit & liquidated damages

July 26, 2021 3006 Views 0 comment Print

Read about CESTAT Chennai ruling exempting service tax on forfeiture of earnest money deposit and liquidated damages. Understand legal implications and clarifications under Section 66E(e) of Finance Act.

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