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CESTAT Ahmedabad

Value of Tools and Dies Includable in Assessable Value of Excisable Goods

September 11, 2023 525 Views 0 comment Print

Understand the value of tools and dies includable in the assessable value of excisable goods with the recent ruling on this case by CESTAT Ahmedabad.

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

September 9, 2023 1059 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

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

September 9, 2023 645 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.

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

September 9, 2023 558 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 657 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.

Right of possession and effective control of vessel transferred hence no service tax leviable

September 6, 2023 1098 Views 0 comment Print

CESTAT Ahmedabad held that during the charter period of vessels the right of possession of vessels and effective control have been transferred to service recipient, therefore the service does not fall under the “Supply of Tangible Goods Service”.

Transportation of Ready-Mix Concrete in transit mixers classified under GTA services

September 6, 2023 4992 Views 0 comment Print

CESTAT Ahmedabad held that providing transit mixers for transportation of Ready-Mix Concrete (RMC) is classifiable under ‘Goods Transport Agency’ (GTA) services and not under ‘supply of tangible goods for use service’.

Resorting to provisional assessment without doubting/ rejecting load port test certificate unjustified

September 6, 2023 744 Views 0 comment Print

CESTAT Ahmedabad held that without advancing reasons for doubting or rejecting the load port test certificate, there was no real justification for resort to provisional assessment and drawing of samples. Accordingly, customs duty exemption granted.

Duty demand not sustained as statutory records duly reflects receipts and consumption of goods

September 5, 2023 981 Views 0 comment Print

CESTAT Ahmedabad held that documentary evidence has far greater weightage against oral evidence especially when the oral evidence is contrary to the documentary evidence. Accordingly, duty demand unsustained as statutory records duly reflects receipts and consumption of goods.

CESTAT Sets Aside Tax Demand: Job Fabrication Not Manpower Recruitment Service

September 5, 2023 561 Views 0 comment Print

A deep dive into CESTAT Ahmedabad verdict in Hitech Industries Vs C.S.T.-Service Tax. The tribunal clarified that job fabrication does not fall under the category of Manpower Recruitment or Supply Agency Service, setting aside Service Tax demand.

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