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CESTAT Allahabad

No service tax on preferential location charges if not charged separately

September 5, 2024 207 Views 0 comment Print

Where preferential location charges charged by the builder includible in the taxable value of the service tax levy and no separate charge was levied, the liability to pay service tax did not arise as it was only when a particular service was separately charged that the liability to pay service tax arose.

Bagasse Not Dutiable; Rule 6(3) of CCR, 2004 Not Applicable

July 18, 2024 180 Views 0 comment Print

Explore the Daurala Sugar Works vs. Commissioner of Central GST case, focusing on bagasse’s non-dutiable status and CENVAT credit implications under Rule 6(3) of CCR, 2004.

Limitation Period Not Applicable for Custom Duty Paid Under Protest: CESTAT Allahabad

July 18, 2024 411 Views 0 comment Print

Explore the CESTAT Allahabad order on Ratan Textiles Pvt Ltd vs Commissioner of Customs, discussing the absence of a time limit under Section 27 for refunding customs penalty and redemption fines.

Screening of Films with revenue-sharing Not Business Support Service: CESTAT

July 9, 2024 672 Views 0 comment Print

CESTAT Allahabad rules that screening films in multiplexes is not a Business Support Service, quashing service tax demand on PVS Multiplex India Pvt. Ltd.

Accumulated Cenvat Credit refund valid for goods exported without a bond

May 30, 2024 297 Views 0 comment Print

In Kancor Ingredients Ltd vs Commissioner (CESTAT Allahabad), the court rules that accumulated Cenvat Credit refund is valid for goods exported without a bond.

Demand for service tax based on a non-existing provision is not sustainable: CESTAT Allahabad

May 26, 2024 411 Views 0 comment Print

CESTAT Allahabad quashes service tax demand on Indus Valley Partners, ruling classification based on non-existing provision is bad in law.

Procedural Violation, Not Suppression, for Invoking Extended Limitation: CESTAT

May 26, 2024 300 Views 0 comment Print

CESTAT Allahabad rules on LG Electronics India vs Commissioner of Central Excise, emphasizing procedural violations are not suppression for extended limitation.

Extended period of limitation cannot be invoked solely on audit queries & objections

May 17, 2024 1098 Views 0 comment Print

CESTAT held that Department could not solely rely on audit queries and objections to invoke extended period of limitation. It reiterated that appellant, being a Private Limited Company, had its Profit/Loss Account and Balance Sheet accessible as public documents, thus undermining any allegation of suppression.

CESTAT Allahabad Orders Return of Gold Seized by Custom Authorities

May 17, 2024 657 Views 0 comment Print

Read the detailed analysis of the CESTAT Allahabad order directing the Commissioner of Customs to return seized gold, ruling it wasn’t smuggled. Learn about the case of Commissioner of Customs (Preventive) vs. Sai Max Jewelers.

Refund of Duty Paid Without Protest Requires Assessment Challenge

May 5, 2024 309 Views 0 comment Print

It is settled law that appellant refund claim wherein order determining duty is not challenged and modified in appeal by appellate authority, refund claim is not maintainable.

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