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CESTAT Ahmedabad

CESTAT Orders Re-adjudication for Service Tax on GTA sans Transporter Certificates

August 11, 2023 435 Views 0 comment Print

Ruling on service tax liability for Grand Polycoats Co Pvt Ltd vs Commissioner of Central Excise. CESTAT Ahmedabad orders re-adjudication on the case

Extended Period Inapplicable for Same Issue Post-SCN Issuance: CESTAT

August 11, 2023 705 Views 0 comment Print

Tribunal held that once on a particular issue the show cause notice has been issued, on the same issue for the subsequent period no extended period can be invoked as demand for the extended period do not sustain being time bar.

CESTAT directs that service recipient is liable to include free supply materials in Gross value of works contract

August 9, 2023 1104 Views 0 comment Print

The appellant at the outset submits that with effect from 01.06.2007, the new service namely Works Contract Service was made effective , classification of aforesaid service would undergone a change in case of long term contracts even though part of the service was classified under respective taxable service prior to 01.06.2007

CESTAT: Commissioner (A) Empowered to Remand Under Section 35A of Central Excise Act

August 9, 2023 3240 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Adani Power, confirming Commissioner (Appeals) authority to remand matters to Adjudicating Authority under Section 35 A of Central Excise Act.

Classification of Construction Services under Works Contract: CESTAT Ruling

August 9, 2023 2097 Views 0 comment Print

CESTAT Ahmedabad ruled that construction of new buildings or civil structures as turnkey projects falls under Works Contract Service. Analysis of Kirti Infrastructures Ltd case.

Indian Bank liable for Service Tax on Bank Charges paid to Foreign Banks for Imports/Exports

August 9, 2023 1017 Views 0 comment Print

Department contended that such services, even when provided by foreign banks, fall under the category of banking and financial services as per the Finance Act, 1994. Therefore, they claimed that the service tax should be imposed on the appellant as the recipient of these services.

Imported Goods Transaction Value cannot be rejected without a speaking order

August 9, 2023 1239 Views 0 comment Print

CESTAT Ahmedabad’s re-adjudication directive on rejection of transaction value or NIDB data of imported goods. Read the full order details here.

Rule 11(3) of Cenvat Credit Rules cannot be applied retrospectively

August 9, 2023 690 Views 0 comment Print

Read the analysis of the Welspun India Ltd. vs. Commissioner of CGST & CESTAT Ahmedabad case, where CESTAT quashes the reversal of CENVAT credit on Cotton Terry Towels due to non-insertion of Rule 11(3) of CENVAT Credit Rules.

CESTAT Remands Matter of Cenvat Credit on SS Pipes and Valves

August 9, 2023 528 Views 0 comment Print

Read the CESTAT Ahmedabad order on the determination of Cenvat Credit for SS Pipes, Valves, and more. The matter is remanded for reconsideration based on new judgments.

No penalty under Central Excise Rule 26 if no Involvement in Handling of Goods Liable for Confiscation

August 9, 2023 1458 Views 0 comment Print

Analysis of the CESTAT Ahmedabad case between Qumruzzama Khan & C.C.E & S.T.-Vapi regarding penalties under Rule 26 of Central Excise Rules, 2002.

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