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CESTAT directs original authority to decide refund claim after considering submission of Appellant

July 4, 2021 540 Views 0 comment Print

EYGBS (India) LLP Vs Commissioner of Central Tax (CESTAT Banglore) CESTAT find that the impugned order has rejected the refund claims on the grounds that the appellant has violated the condition at para 3(III)(a), 3(III)(d) and Rule 5 of SEZ Notification No.12/2013-ST dt. 01/07/2013. Further, I find that the appellant has SEZ units as well […]

No confiscation of finished goods under excise in absence of finding of attempted Clandestine Removal

July 1, 2021 690 Views 0 comment Print

Maa Santoshi Tobacco Co. Vs Commissioner, Central Goods and Service Tax (CESTAT Delhi) I find that only for not finding the statutory register being RG-I and Form-4 at the time of inspection by the Officers of DGCEI, adverse inference have been drawn without reference to the records of the appellant available with the Department, being […]

Limitation when assessee cannot file more than one refund claim for each quarter

June 29, 2021 768 Views 0 comment Print

SA Impex Vs Commissioner of Central Goods & Service Tax (CESTAT Delhi) When the provisions require that only one claim has to be filed for each quarter, definitely, an assessee has to file one claim only at the end of the quarter. Thus, the limitation cannot be counted from the day of LEO or the […]

Relevant date for Refund of duty under section 11B of Central Excise Act

June 29, 2021 3993 Views 0 comment Print

Rayban Sun Optics India Pvt . Ltd. Vs Commissioner of Central Excise and CGST (CESTAT Delhi) Apparently and admittedly, the appellant filed the refund claim on 19.02.2018. The refund was claimed on an amount as was deposited by him during investigation and which was ordered to be appropriated vide Order-in-Original dated 21.10.2004. No doubt the […]

No penalty on importer for delay due to system related defect

June 25, 2021 912 Views 0 comment Print

Explore the CESTAT Chennai case of T.G. Silks vs. Commissioner of Customs, addressing late fee charges during the GST transition. Uncover technical challenges, system defects, and the waiver possibility under Notification No. 26/2017.

Service Tax Refund | Date of reversal should be considered as date of payment | Cancellation of Flat Booking

June 25, 2021 2583 Views 0 comment Print

Ramesh Kumar Agarwal Vs Commissioner of Central Excise & Central GST (CESTAT Delhi) Coming to the plea of issue being barred by time, I hold that no doubt the service tax was deposited by the appellant on 4th October, 2016 and 24 October, 2016 and the refund claim has been filed on 7th May, 2018 […]

Service Tax paid under mistake of law has to be refunded

June 23, 2021 4206 Views 0 comment Print

Nilkamal Limited Vs Commissioner of G.S.T. and Central Excise (CESTAT Chennai) The Revenue having collected per force the Service Tax along with interest, the appellant is pushed into a situation where its refund claim is denied and even the credit of Service Tax so paid is also not allowed to be availed, with the introduction […]

CESTAT remanded case back to proper officer | Section 149 | Customs Act, 1962

June 23, 2021 2658 Views 0 comment Print

Lenovo India Private Limited Vs Commissioner of Customs (CESTAT Chennai) Hon‟ble High Court of Madras in the case of M/s. Hewlett Packard Enterprise India Pvt. Ltd. v. Joint Commissioner of Customs & ors. reported in 2020 (10) T.M.I. 970 – Madras High Court has held that the proviso to Section 149 contemplates an opportunity to […]

No penalty on confiscated gold jewellery from transit passenger not required to pass through customs barriers

June 23, 2021 6213 Views 0 comment Print

Penalty on confiscated Gold Jewellery was not liable to be imposed as the transit passenger was not required to pass through customs barrier or check post and the source of gold jewellery he was wearing was cogently explained, which had not been found to be untrue.

Admissibility of credit has to be considered at the time of receipt of input service

June 18, 2021 2664 Views 0 comment Print

Explore the Shanti Construction Co vs. C.C.E. & S.T.-Rajkot case with CESTAT Ahmedabad. Delve into the nuances of service tax, Cenvat credit, and retrospective exemptions.

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