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CESTAT Allahabad

Clearance of dummy unit clubbed for availability of exemption under notification 8/2003-CE: CESTAT Allahabad

April 8, 2024 360 Views 0 comment Print

CESTAT Allahabad held that value of clearance of dummy unit created for evading payment of duty by availing benefit of exemption provided under exemption notification no 8/2003-CE unsustainable. Accordingly, value of all such units clubbed together for evaluating availability of exemption under notification no. 8/2003-CE.

CESTAT Quashes Appeal for Violating Rule 20: Maximum Three Adjournments Allowed in Appellate Hearings

March 4, 2024 483 Views 0 comment Print

CESTAT Allahabad dismisses appeal for violation of Rule 20 due to repeated adjournments. Detailed analysis of the impact of adjournment culture on justice delivery.

VAT/Sales Tax Payment Not Conclusive for Service Tax Exclusion: CESTAT Allahabad

March 4, 2024 531 Views 0 comment Print

CESTAT Allahabad rules that payment of VAT/Sales Tax on deemed sales does not automatically exclude the transaction from service tax liability.

Service Tax demand cannot be raised on the basis of Mere Form 26AS: CESTAT Allahabad

February 17, 2024 2022 Views 0 comment Print

CESTAT Allahabad rules against service tax demand based solely on Form 26AS, emphasizing the need for thorough evidence beyond income tax returns.

Diesel being supply of goods its value not includible in operation & maintenance service

January 31, 2024 987 Views 0 comment Print

CESTAT Allahabad held that supply of diesel in Operation & Maintenance contract, being supply of goods, is outside the purview of service tax. Accordingly, value of diesel is not includible in the assessable value of operation and maintenance service.

CESTAT aside order to initiate contempt proceedings against govt officials considering Apology

January 27, 2024 606 Views 0 comment Print

Explore Mahesh & Co Pte Ltd case, including recall of orders, delay apology, and re-export compliance. Analysis of legal proceedings and consequences.

No Service Tax for Kolkata Municipal Slaughterhouse Design Work: CESTAT Allahabad

January 16, 2024 351 Views 0 comment Print

CESTAT Allahabad rules on Service Tax exemption for construction of slaughterhouse. Detailed analysis of Commissioner vs. Meatek Food & Machineries case.

Dept. Cannot Retain Deposited Amount Under Protest: CESTAT Allahabad

January 16, 2024 579 Views 0 comment Print

CESTAT Allahabad rules in Jalan Con Cast Ltd. vs. Commissioner case. Detailed analysis on department’s power to retain deposited amount under protest.

Burden to demonstrate dispatch of order by speed post with acknowledgment lies with revenue

January 11, 2024 936 Views 0 comment Print

CESTAT Allahabad remands matter on customs action due to department’s failure to dispatch order to assessee, challenging the bar of limitation under Section 128.

Interest allowable on Cenvat Credit refund after expiry of 3 months from date of filing claim to date of claim

December 7, 2023 525 Views 0 comment Print

Interest for period after 3 months refund of 19 crores of cenvat credit was allowable after expiry of three months from the date of filing the claim to the date of claim. In the present case refund claim was filed on 27.12.2012 the period of three months will be over on 26.03.2013. They would be entitled to the interest for the period beyond 26 March, 2013 to the date of payment i.e. 21.05.2013, which was about 55 days.

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