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CESTAT Ahmedabad

Benefit of Notification 67/1995-CE cannot be denied if appellant is fulfilling requirement of Rule 6 of Cenvat Credit Rules

May 4, 2023 1617 Views 0 comment Print

In case obligation under Rule 6(3) of Cenvat Credit Rules is fulfilled in respect of the goods cleared under full exemption then benefit of Notification 67/1995-CE dated 16.03.1995 cannot be denied.

Service tax payable on commission for disbursement of EPF and ESI

May 4, 2023 816 Views 0 comment Print

State Bank of India Vs C.C. E. & S.T.–Surat (CESTAT Ahmedabad) find that the services provided by the appellant are in relation to the disbursement of EPF and ESI. Notification No. 13/2004-ST dated 10.09.2004 provides following exemption: “…. exempts taxable service provided by a banking company or a financial institution including a non-banking financial company, […]

Whether interest on Cenvat credit wrongly availed but not utilized is payable?

May 4, 2023 1194 Views 0 comment Print

Deep Industries Limited Vs C.S.T. Service Tax (CESTAT Ahmedabad) The limited question needs to be answered in this matter is whether interest on the amount of Cenvat credit availed but not utilized is recoverable or otherwise. The recovery of interest on the inadmissible Cenvat credit has been directed under Rule14 of the Cenvat Credit Rules, […]

In case of port shift custom duty already paid at earlier port needs to be refunded

May 3, 2023 936 Views 0 comment Print

No adjustment on account of a different assessable value adopted at Pipavav Port cannot be made in the refund amount as the import and clearance made at Pipavav Port is an independent clearance made by different Assessing Officers.

Freight & handling charges separately shown in invoice not includible in assessable value

May 1, 2023 5847 Views 0 comment Print

CESTAT Ahmedabad held that amount charged as freight and handling charges which are separately shown in the invoices cannot be included in the assessable value under section 4 of the Central Excise Act, 1944.

Service tax not leviable on construction of residential complex under JNNURM and for Gujarat State Police

May 1, 2023 1011 Views 0 comment Print

CESTAT Ahmedabad held that the Construction of Residential Complex under Jawaharlal Nehru National Urban Renewal Mission (JNNURM) Scheme and construction of residential housing for Gujarat State Police Housing Corporation Ltd. is not liable to service tax.

Value of bought out items supplied with manufactured goods not includible in assessable value

May 1, 2023 1197 Views 0 comment Print

CESTAT Ahmedabad held that value of bought out items supplied along with manufactured goods cannot be included in the assessable value of the manufactured goods.

‘MIRACULAN’ containing 0.05% Traicontanol is product under category of insecticides

May 1, 2023 1026 Views 0 comment Print

CESTAT Ahmedabad held that the product MIRACULAN which primarily contains Traicontanol 0.05% by weight is a product under the category of Insecticides and cannot be considered as the plant growth regulator.

Appeal can be filed against Excise Superintendent letter denying benefit 

April 28, 2023 837 Views 0 comment Print

Letter written by Central Excise Superintendent is a decision against which appeal lies before Commissioner (Appeals) under Section 35

Suo motu availment of Cenvat Credit reversed during Litigation: CESTAT Remands Matter back to adjudicating authority

April 28, 2023 768 Views 0 comment Print

Short issue involved in the present case for determination is as to whether appellant could suo motu take credit reversed during litigation

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