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Payment of 5%/10% of value of exempted goods unjustified as proportionate credit reversed

September 14, 2023 303 Views 0 comment Print

CESTAT Ahmedabad held that demand under Clause (i) of Rule 6(3) i.e. payment of 5%/10% of the value of exempted goods unjustified as appellant rightly availed the option of sub-rule (3A) of Rule 6 of CCR, 2004 i.e. reversal of proportionate cenvat credit attributed to exempted goods.

Seizure unjustified as not established that gold jewellery is of foreign origin

September 14, 2023 1626 Views 0 comment Print

CESTAT Chennai held that seizure of gold jewellery unjustified as revenue failed to establish beyond doubt that gold jewellery seized is of foreign origin.

Failure to declare amount in return alone does not imply wilful suppression

September 14, 2023 1044 Views 0 comment Print

Analyze the CESTAT Chandigarh order in M R Beltings vs. Commissioner of Central Excise, focusing on the issue of willful suppression and its impact on excise duty demand.

Cenvat available on naphtha used for generation of electricity which is consumed within factory

September 13, 2023 621 Views 0 comment Print

CESTAT Kolkata held that naphtha used for generation of electricity which is consumed within the factory of production is eligible for Cenvat Credit.

Revocation of Customs Broker Licence unjustified without active or passive facilitation in mis-declaration/ undervaluation

September 13, 2023 549 Views 0 comment Print

CESTAT Delhi held that imposition of harsh punishment of revocation of Customs Broker Licence in absence of any active or passive facilitation in mis-declaration and undervaluation of imported goods unjustified.

Benefit of notification 67/95-CE available to molasses captively consumed for manufacture of rectified spirit

September 13, 2023 564 Views 0 comment Print

CESTAT Bangalore held that benefit of notification no. 67/95-CE dated 16.03.1995 available in respect of molasses which is captively consumed for the manufacture of rectified spirit as rectified spirit is a dutiable excisable goods.

Demand of 10%/6%/5% on value of exempted goods not sustained as proportionate cenvat credit reversed

September 13, 2023 411 Views 0 comment Print

CESTAT Ahmedabad held that appellant is not liable to pay an amount equal to 10%/6%/5% of the value of exempted goods as proportionate Cenvat credit on common input service attributed to the exempted final product already reversed.

Allegation of undervaluation of imported goods based on retracted statements unsustainable

September 13, 2023 621 Views 0 comment Print

CESTAT Mumbai held that demand alleging undervaluation of imported goods merely on the basis of retracted statements without corroborative evidences is unsustainable in law.

Recovery mechanism of Rule 3(5B) of Cenvat Credit Rules is Effective from 01.03.2013

September 13, 2023 846 Views 0 comment Print

Exploring the key details of the GKN Driveline (India) Ltd vs CCE case at CESTAT Chandigarh, and its impact on the reversal of Cenvat Credit under Rule 3(5B).

Duty Overpayment: No Discrepancy Found, Suo Moto Re-Credit Justified

September 13, 2023 387 Views 0 comment Print

Analyzing the CESTAT Ahmedabad ruling on Bayer Vapi Pvt Ltd. vs C.C.E. & S.T.-Daman case, focusing on Cenvat re-credit, suo moto reversal, and legal implications.

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