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CESTAT Ahmedabad

Benefit of notification no. 67/95-CE available as additional premise is extension of factory

January 5, 2023 1278 Views 0 comment Print

CESTAT Ahmedabad held that benefit of notification no. 67/95-CE duly available on transfer of goods to additional premise as additional premise is an extension of factory of the appellant.

Service tax not leviable on construction service to Jawaharlal Nehru National Urban Renewal Mission

January 5, 2023 1311 Views 0 comment Print

CESTAT Ahmedabad held that service tax not leviable on construction service provided to Jawaharlal Nehru National Urban Renewal Mission and Rajiv Awaas Yojana.

Cenvat credit of service tax paid during setting up of factory is duly available

January 4, 2023 1185 Views 0 comment Print

CESTAT Ahmedabad held the eligible cenvat credit of service tax paid during setting up of the factory is duly available as without use of such service the appellant could not have possibly manufactured the excisable goods.

Demand under Pan Masala Packing Machines Rules unsustainable as number of machines remained same after replacement

January 4, 2023 1527 Views 0 comment Print

CESTAT Mumbai held that demand under the provisions of Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules, 2008 unsustainable as number of installed machines before and after replacement of machines remained same.

Reverse charge not applicable on bank charges paid towards foreign currency transaction

January 3, 2023 6810 Views 0 comment Print

CESTAT Ahmedabad held that reverse charge not applicable on bank charges in respect of the foreign currency transaction between their local foreign banks engaged in facilitating the transfer of foreign exchange.

Refund to SEZ cannot be denied for approval of input services by approval committee

January 3, 2023 1239 Views 0 comment Print

Messrs Dic Fine Chemicals Pvt Ltd Vs C.C.E (CESTAT Ahmedabad) As regard the issue that whether the refund claim can be rejected on the ground that the input services on which the refund claim was made by SEZ is not approved by the approval committee. As per the facts of the present case the refund […]

CESTAT discuses Restrictions by MEA on vessel imported for breaking purpose

January 3, 2023 651 Views 0 comment Print

KPG Enterprise Vs C.C.E. Jamnagar (prev.) (CESTAT Ahmedabad) The issue mainly involved is whether MEA S.O. 2158(E) dated 20.06.2016 prohibited the subject vessel imported for breaking purpose. The case of the department is that S.O. dated 20.06.2016 is issued in order to implement the UNSC resolutions and prohibited the subject vessel for entry into India […]

Order not clarifying on the fundamental charge is liable to be set aside

January 3, 2023 516 Views 0 comment Print

CESTAT Ahmedabad held that main allegation of manipulation of final boiling point in the test report vis-à-vis- classification of product thereof not clarified in the order Hence impugned order cannot be sustained as all the charges flow from fundamental charge of manipulating test report.

Duty passed on via supplementary invoice is eligible as cenvat credit

January 1, 2023 2310 Views 0 comment Print

CESTAT Ahmedabad held that duty passed on via supplementary invoice is eligible for cenvat credit as it is not due to reason of any suppression of fact, fraud, collusion or wilful mis-statement, etc and hence not barred by provisions of Rule 57AE of Central Excise Rules, 1944.

No SSI Exemption on Manufacture of Power Driven Pumps without BIS & ISI Certification

January 1, 2023 552 Views 0 comment Print

Admittedly the appellant’s product is not in conformation to BIS standard as specified in notification. They have not obtained any ISI certificate. Therefore, exemption of SSI notification 08/2003-CE as amended, is not admissible to appellant

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