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Department Cannot Disregard Technical Opinion at Its Discretion: CESTAT

October 10, 2023 321 Views 0 comment Print

CESTAT Chandigarh quashes allegations of clandestine removal of chemicals without excise duty payment, emphasizing the importance of expert evidence.

Cenvat Credit Eligibility Cannot Be Challenged During Refund Claim if Not Questioned During Availment and Utilization

October 10, 2023 423 Views 0 comment Print

CESTAT Kolkata rules that objections on the eligibility of credit cannot be raised when filing refund claims, providing relief to Infosys Technologies Ltd.

Piecemeal Adjudication Not Permissible as it raise Possibility of Multiple SCNs for Same Period/Goods

October 10, 2023 564 Views 0 comment Print

CESTAT Mumbai remands the matter in the Sunder’s International vs. Commissioner of Customs case, questioning piecemeal adjudication and MRP determination.

Service tax demands based on discrepancies between ST-3 Returns & balance sheets

October 10, 2023 1662 Views 0 comment Print

CESTAT Chandigarh rules on service tax demands based on ST-3 Returns and balance sheets in the case of Indian Machine Tools Manufacturers Association vs. Commissioner of Central Excise.

Appeal Filing Alone Doesn’t Justify Withholding Excise Duty Refund: CESTAT

October 10, 2023 330 Views 0 comment Print

The ruling emphasized that limitation should not apply in such cases and that the mere filing of an appeal by the department does not withhold the refund.

Entire Demand Is Unlawful: Order Went Beyond Show Cause Notice

October 10, 2023 1077 Views 0 comment Print

Explore CESTAT Chandigarh order on Hero Motocorp Ltd vs. CCE & ST Gurugram, where entire demand is deemed unlawful. Detailed analysis and conclusion provided.

Advertising Corporation of India Liable for Service Tax on Govt Advertising

October 10, 2023 513 Views 0 comment Print

In the case of The Advertising Corporation of India Private Limited vs. Commissioner of Service Tax, CESTAT Kolkata rules on service tax liability and exemptions. Learn the detailed analysis and outcome.

Demand alleging non-production of documents unsustainable as records taken away by DRI

October 9, 2023 249 Views 0 comment Print

CESTAT Ahmedabad held that as DRI just prior to investigations by DGCEI took away all records pertaining to the import of scrap, the manufacturer cannot be expected to produce documents showing transport and receipt of the goods in the factory. Accordingly, demand of Cenvat alleging non-receipt of inputs set aside.

Land reclamation and soil stabilization provided in course of construction of port is exempt from service tax

October 9, 2023 252 Views 0 comment Print

CESTAT Chennai held that amount received for land reclamation and soil stabilization in the nature of site formation service provided in the course of construction of port is exempt from service tax vide notification 17/2005-ST dated 07.06.2005.

Deduction given in sales invoice being discount not taxable under Business Auxiliary Service

October 9, 2023 723 Views 0 comment Print

CESTAT Ahmedabad held that deduction given in sales invoice being discount, even though under nomenclature of commission, cannot be treated as commission for the purpose of levy of Service Tax under ‘business Auxiliary Service’.

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