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CESTAT Ahmedabad

CESTAT Orders De-Novo Adjudication for Jurisdiction Issue in Service Tax Case

July 17, 2023 1581 Views 0 comment Print

Comprehensive review and implications of the CESTAT Ahmedabads decision in the Modest Infrastructure Limited Vs Commissioner of Central Excise case.

Cenvat Credit Rule 6(3) inapplicable if wrongly taken credit reversed subsequently

July 17, 2023 1662 Views 0 comment Print

Detailed review and implications of CESTAT Ahmedabads judgment in the case of West Coast Pharmaceutical Works Ltd Vs C.C.E.-Ahmedabad.

Pre-April 2007 Transactions Exempt from Penalty under Central Excise Rule 26(2)

July 17, 2023 531 Views 0 comment Print

Detailed analysis of the CESTAT Ahmedabad ruling on the Goodluck Empire Vs CCE & ST case involving penalties under Rule 26 of Central Excise Rules, 2002.

Service Tax on Software Activation Charges in Telecom System

July 17, 2023 663 Views 0 comment Print

Explore the landmark CESTAT Ahmedabad order on whether service tax is applicable to software activation charges under Business Auxiliary Service in the case of Avaya Global Connect Vs Commissioner of Central Excise & ST

CESTAT Grants Cenvat Credit on Sugar Cess Paid as CVD on Raw Sugar Imports

July 16, 2023 927 Views 0 comment Print

In the recent landmark decision, CESTAT Ahmedabad has allowed Cenvat Credit on sugar cess paid as CVD on raw sugar imports, favoring Renuka Sugars Limited. This ruling, echoing several previous judgements, clarifies the position of cess as excise duty.

Service tax exemption for services provided to SEZ unit cannot be denied for procedural requirement

July 15, 2023 3432 Views 0 comment Print

CESTAT Ahmedabad held that service provided to SEZ units are exempt from service tax vide notification no. 09/2009-ST dated 03.03.2009. Exemption benefit cannot be denied for procedural requirement.

CESTAT Remands Differential Service Tax Demand on Various Services

July 15, 2023 456 Views 0 comment Print

In a tax dispute involving Metro Engineers, the CESTAT Ahmedabad has ordered a remand for reevaluation of service tax demands. The case highlights issues of differential service tax on various services and the potential misuse of penalty provisions.

CESTAT Orders Reconsideration Amidst Rule 8(3A) Controversy

July 15, 2023 690 Views 0 comment Print

In a tax dispute with Baroda Rayon Corporation, the CESTAT Ahmedabad has ordered a fresh review due to the legal status of Rule 8(3A) of the Central Excise Rules, 2002. This case raises critical questions regarding the interpretation and application of taxation laws.

Decision conveying denial of exemption under DFIA scheme is challengeable before Commissioner (A)

July 15, 2023 1203 Views 0 comment Print

CESTAT Ahmedabad held that decision conveying denial of exemption under DFIA Scheme is challengeable by way of appeal before the Commissioner (Appeals). Denial of exemption is not merely a query but the decision of assessing officer and hence appeal can be preferred against the same.

Service Tax Refund Cannot Be Rejected for Invoicing to Agent

July 15, 2023 720 Views 0 comment Print

CESTAT Ahmedabad, in case of Khushi Enterprise vs C.C.E. & S.T.-Daman, has upheld the right to a service tax refund on export of goods, emphasizing that an invoice to an agent is just as valid as an invoice to principal.

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