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CESTAT Ahmedabad

Only product with solid section are classifiable as semi-finished products

April 1, 2021 1482 Views 0 comment Print

Technocraft Enterprise Vs C.C. (CESTAT Ahmedabad) We find that the essential dispute is if the product imported by the appellant falls under Chapter Heading 72249099 or Chapter Heading 73049000. The appellant is seeking classification of the product as semi-finished product of other alloy steel. it is seen that only product with solid section are classifiable […]

No penalty if intention to evade duty is not found

March 25, 2021 1686 Views 0 comment Print

Inox India Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) As regard the limitation, I find that there is no dispute that the appellant is availing the Cenvat credit and declaring in their monthly returns. The issue involved is also of interpretation of Cenvat Credit Rules and on this issue there are number of cases […]

Cenvat Credit eligible on manufacturing & overall business activity services

March 24, 2021 1152 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 3900 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 9888 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 717 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 1029 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 3183 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 2361 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 1428 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 […]

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