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CESTAT Ahmedabad

Cenvat Credit eligible on manufacturing & overall business activity services

March 24, 2021 1095 Views 0 comment Print

Nayara Energy Ltd Vs C.C.E. & S.T.-Rajkot (CESTAT Ahmedabad) FULL TEXT OF THE CESTAT AHMEDABAD ORDER The issue involved in the present case is that whether the appellant is entitle for Cenvat Credit in respect of following Services: I. Air Civil Enclave Services II. Authorized Service Station Service. III. Mandap Keeper Service. IV. Outdoor Caterer […]

Cenvat Credit cannot be denied on mere Presumptions

March 17, 2021 3846 Views 0 comment Print

Nayara Energy Limited Vs C.C.E. & S.T. Rajkot (CESTAT Ahmedabad) We find that the adjudication authority in respect of most of the services denied the credit on the ground that no evidence was produced by the appellant to prove that the services was availed by the appellant and also on the ground that there is […]

Excise dues of Husband cannot be recovered from Wife’s Property

March 9, 2021 9825 Views 0 comment Print

Meena Krishna Agarwal Vs Commissioner of Central Excise & ST, Vadodara (CESTAT Ahmedabad) The issue involved in the present appeal is whether the flats belonging to the appellant which she purchased under Registered Sale deeds dated 31.03.2008 out of monies received as gifts from her mother-in-law and father-in-law, can be proceeded against by the Excise […]

Service tax on non-refundable contribution made by member of SPV units

March 5, 2021 684 Views 0 comment Print

The brief facts of the case are that the appellant M/s Gujarat Eco Textile Park Limited floated integrated textile park under the scheme of integrated textile parks (SITP) formed by the Government of India (Ministry of Textiles).

Service Tax on Liquidated Damages for Poor Material Quality: CESTAT remands case back to Adjudicating Authority

February 26, 2021 978 Views 0 comment Print

We find that the facts are not in disputed that amount recovered by the appellant is towards the poor quality of goods purchased by them.

Refund of excess Service Tax paid & Shown in TRANS-1 can be claimed after reversal

February 11, 2021 3120 Views 1 comment Print

Pujan Builders Engineers & Contractors Vs C.C.E. & S.T. Vadodara-II (CESTAT Ahmedabad) The facts in the present case is not under dispute that the appellant have paid the excess service tax during the quarter April to June, 2017, however, the appellant under bona fide belief transferred the said excess paid service tax into their TRANS-1 […]

Section 11B Limitation period for refund of tax starts from date of reversal

February 11, 2021 2253 Views 0 comment Print

Pujan Builders Engineers & Contractors Vs C.C.E. & S.T. (CESTAT Ahmedabad) The facts in the present case is not under dispute that the appellant have paid the excess service tax during the quarter April to June, 2017, however, the appellant under bona fide belief transferred the said excess paid service tax into their TRANS-1 as […]

CESTAT reduces penalty for Bonafide Foreign Currency Export Without RBI Permission & releases confiscated Currency

December 19, 2020 1380 Views 0 comment Print

Rajesh Kumar Ishwar Parikh Vs C.C. (CESTAT Ahmedabad) The Learned Authorized Representative in his submission also confirmed that Rs.19.91 Lacs were shown as Cash in hand in the books of Partnership Firm of both the appellants therefore, the source of fund for procuring the foreign currency was available with the appellants. The only lapse on […]

DFIA benefit eligible on import clearance of in shell walnut

December 11, 2020 3069 Views 0 comment Print

VKC Nuts Pvt Ltd. Vs C.C. – Jamnagar (Prev) (CESTAT Ahmedabad) ‘Inshell Walnut’ is not only capable of being used but invariably used for manufacture of biscuits as fruit/flavor/dietary fibre. This has been held in appellant’s own case by the Hon’ble CESTAT-Mumbai in Final Order No. A/85730/2020 dated 11.09.2020. Moreover, as per the custom’s lab […]

Customs: Exporter not required to give declaration of technical specification, quality & characteristics of inputs used in resultant product

December 8, 2020 2556 Views 0 comment Print

Unibourne Food Ingredients LLP Vs C.C.-Jamnagar (Prev) (CESTAT Ahmedabad) Customs: Exporter not required to give declaration of technical specification, quality & characteristics of inputs used in resultant product As per Policy Circular No. 72/2008 dated 24.03.2009, flexibility has been given to import alternative inputs or goods which are capable of using in the export product. […]

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