Explore the CESTAT Ahmedabad ruling in Suraj Industries vs. C.C.E & S.T.-Silvassa. Analysis of Cenvat Credit Rules, exemption dispute, key arguments, and tribunal’s verdict.
CESTAT Ahmedabad held that no reliance can be placed on statements of third party without tangible corroborative evidence. Accordingly, recovery of Cenvat Credit under rule 14 rightly dropped.
Services in the Form of Receipt of Patent Registered Outside India not liable to Service Tax – CESTAT, Ahmedabad. Intas Pharmaceuticals Ltd. entered into a Technology Transfer and Licensing Agreement with Swiss company for development and commercialization of recombinant human erythropoietin. Technology Know-how Transfer Agreement with UK’s Biocam Ltd.
CESTAT Ahmedabad held that service of laying of pipeline for Gujarat Water Supply & Sewerage Board (GWSSB) is not falling under the service of industrial or commercial construction service.
CESTAT Ahmedabad held that spent solvent (DMF) arising during the course of manufacture of dutiable ‘Sucralose’ is not dutiable and hence demand of excise duty thereof is not sustainable in law.
Dholu KCL JPF wins CESTAT Ahmedabad case! Quashing service tax demand, tribunal rules removal of overburden during lignite mining as ‘Mining Service.
CESTAT Ahmedabad held that denial of refund claim of Anti-Dumping Duty unjustified as the Anti-Dumping Duty was not leviable at the relevant time as notification imposing the same expired.
Penalty u/s 112 (a) against CHA on clearance of imported vessel was not leviable as the duty of the importer was to give the correct and detailed description which had been discharged and the charge of misclassification had been dropped against importing firm and the matter already been decided in favour of the importing firm and its director and therefore, the cause of imposing penalty against Custom House Clearing Agent get extinguishable.
Reliance Industries Limited vs. Commissioner of Customs (CESTAT Ahmedabad) regarding payment of customs duty based on quantity of crude oil in a shore tank.
CESTAT Ahmedabad upholds penalty on Karimbhai Nanjibhai Shah for facilitating clearance of ‘Chhakkdo Rickshaw’ without excise duty payment, resulting in evasion. Full text available.
