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Demand based on computer printouts unsustainable if not satisfies conditions u/s. 36B of Central Excise Act

September 29, 2023 342 Views 0 comment Print

CESTAT Ahmedabad held that as investigating officers failed to comply with conditions of section 36B of the Central Excise Act with respect to obtaining certificate prior to relying upon the computer printout. Hence, demand set aside as based on unauthenticated data.

CESTAT Grants Interest on Delayed Refund from 3 months after initial application’s date

September 29, 2023 585 Views 0 comment Print

Relief to Videocon Industries, Interest of Refund allowable even if Refund was Granted after 3 Months from Date of Commissioner’s Order: CESTAT

No Service Tax on Manufacturing through Job-Work under ‘Management, Maintenance, or Repair Services

September 29, 2023 642 Views 0 comment Print

Read the full text of the CESTAT Ahmedabad order in Gujarat Insecticides Ltd vs. C.C.E. & S.T. where no service tax was imposed on manufacturing through job-work.

CESTAT denies Area-Based Excise Duty Exemption due to Late production Commencement

September 29, 2023 321 Views 0 comment Print

Read the full text of the CESTAT Delhi order on Agarwal Aluminiums vs. Commissioner, where area-based excise duty exemption was denied due to production date.

Recovery of CENVAT Credit against Input Service Distributor u/r 14 of CCR, 2004 unsustainable

September 28, 2023 462 Views 0 comment Print

CESTAT Mumbai held that Rule 14 of the CENVAT Credit Rules, 2004 (CCR, 2004) can only be made applicable against the manufacturer/service provider or the person who availed the allegedly inadmissible credit and accordingly recovery of CENVAT Credit against Input Service Distributor unsustainable.

Differential demand of service tax under composite works contract unsustainable as VAT paid on goods component

September 28, 2023 642 Views 0 comment Print

CESTAT Chennai held that where the value has already been split as per the state law and VAT has been paid on the goods component of the composite works contract, no service tax can be levied on such component again taking recourse to Rule 2A(ii) of Service Tax (Determination of Value) Rules, 2006.

Construction service provided under Jawaharlal Nehru National Urban Renewal Mission is exempt from service tax

September 26, 2023 492 Views 0 comment Print

CESTAT Ahmedabad held that construction service provided under Jawaharlal Nehru National Urban Renewal Mission (JnNURM) are exempted from the clutches of service tax. Accordingly, demand of service tax set aside.

Cenvat Credit available on construction service for renovation, modernization upgradation of existing plant

September 25, 2023 756 Views 0 comment Print

Learn about CESTAT Ahmedabad ruling on Cenvat credit for construction services in case of General Motors India. Analysis and implications explained.

Cenvat Credit on Inputs for Exempted Goods: CESTAT Remands Case

September 24, 2023 318 Views 0 comment Print

Explore Bodal Chemicals Ltd vs. C.C.E. & S.T. case where CESTAT Ahmedabad remands matter pending a Supreme Court decision on Cenvat credit for exempted goods.

Excise Duty Payable Under Section 4(i)(a) on Pro Rata Value of Physician Samples Sold to Distributor

September 22, 2023 834 Views 0 comment Print

CESTAT Ahmedabad’s ruling on excise duty for physician samples sold to dealers for free distribution to doctors. Analysis of Sun Pharmaceuticals vs. C.C.E. & S.T.-Vadodara-ii case.

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