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CESTAT Ahmedabad

No excise duty on Spent earth arising in oil refining, bleaching process

September 12, 2023 513 Views 0 comment Print

Spent earth (By-Product)arising in oil refining, bleaching process arising is not liable to Excise duty -Awn Agro P Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad)

Merely right confirmed on party to sale of goods or service undertaken doesn’t make it a franchisee agreement

September 11, 2023 825 Views 0 comment Print

CESTAT Ahmedabad held that merely because by an agreement a right is confirmed on the party to the sale of goods or service undertaken was not ipso-facto bringing the agreement within the ambit of the franchisee.

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

September 11, 2023 666 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 1101 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 714 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 618 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 759 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 1191 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 5256 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 813 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.

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