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LPG Stored in ‘Bullet’ Facility at customers premises Not falls under Storage and Warehousing Services

September 10, 2023 450 Views 0 comment Print

Exploring legal intricacies of Total Energies Marketing India Pvt. Ltd. vs Commissioner of GST & Central Excise case ruled by CESTAT Chennai regarding LPG storage and service tax.

Demand of 10%/5% on exempted goods unsustainable as proportionate reversal already made

September 9, 2023 813 Views 0 comment Print

CESTAT Ahmedabad held that reversal of proportionate credit towards exempted goods along with interest already made, the demand of 10% /6%/5% of the value of exempted goods shall not be sustainable

CESTAT allows Cenvat Credit on Capital Goods used for providing Output Service

September 9, 2023 486 Views 0 comment Print

A detailed analysis of the landmark CESTAT Kolkata ruling in Emta Coal Limited vs Commissioner of Central Excise & Service Tax. Understand the legal implications for Cenvat Credit on Capital Goods in the context of providing output services.

Incidence of Duty Borne by Appellant, Unjust to Credit Refund to Consumer Welfare Fund: CESTAT

September 9, 2023 279 Views 0 comment Print

Analysis of the CESTAT Chennai order in Axon Drugs (P) Ltd Vs Commissioner of GST & Central Excise case. Discover why directing excise refund to Consumer Welfare Fund was deemed unjust.

MMR Service will be Treated as Exempted Service When the Service Provider did not Receive full Convertible Foreign Exchange within the Time Period Provided under Statute: CESTAT

September 9, 2023 429 Views 0 comment Print

CESTAT held that when there is doubt regarding documents, authority should seek clarification/explanation rather than relying on assumptions.

Chlorinated Paraffin Wax (liquid form) classifiable under Sub Heading 3824 90 & CBIC  clarification has a retrospective effect

September 9, 2023 339 Views 0 comment Print

Analysis of CESTAT Ahmedabad decision in Gujarat Alkalies and Chemicals Ltd vs C.C.E. & S.T., focusing on retrospective effects of CBEC clarification on excise tax for Chlorinated Paraffin.

Omission of registration number purposefully makes invoice inadmissible document

September 9, 2023 492 Views 0 comment Print

CESTAT Mumbai held that as registration numbers were purposefully omitted, accordingly, the genuineness of the invoices are doubtful, the invoices are categorized as inadmissible document.

Cenvat eligible on material used in manufacture of barge which in-turn are used for providing output service

September 9, 2023 273 Views 0 comment Print

CESTAT Ahmedabad held that Cenvat Credit is admissible on any material used for construction of building or fabrication of any equipment which in turn used for providing output taxable service. Cenvat on material used in the manufacture of barges which are used for providing output service is admissible.

Service Tax on fees paid to USFDA -CESTAT upheld remand  order

September 9, 2023 279 Views 0 comment Print

Read about the CESTAT Ahmedabad decision regarding service tax on fees paid to USFDA for approval of medicaments. The matter is remanded for further examination.

Appellate authority cannot reject refund on a ground not indicated in SCN

September 9, 2023 525 Views 0 comment Print

In the Hindustan Motors Ltd vs. Commissioner of Customs and CESTAT Delhi case, the appellate authority’s power to reject a refund claim based on grounds not indicated in the show cause notice is discussed.

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