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CESTAT Allahabad

Penalty u/s. 78 justified since tax determined during course of investigation: CESTAT Allahabad

November 29, 2024 801 Views 0 comment Print

No deduction under the Head “Provident Fund” is permissible in the above provisions and I therefore, hold that the taxable value of Rs.22,93,296/- for which deduction has been claimed by the party is part of the value of taxable services and is not allowed.

Cenvat Credit availment on debit note allowed as it covered all requisite particulars: CESTAT Allahabad

November 25, 2024 711 Views 0 comment Print

CESTAT Allahabad held that denial of cenvat credit, merely because the credit is availed on the basis of debit note, not justified since debit note covered all the requisite particulars. Accordingly, cenvat allowed on the basis of debit note.

Refund of service tax paid under RCM without complying with transitional provisions under GST not admissible

November 18, 2024 1041 Views 0 comment Print

CESTAT Allahabad held that claim of cash refund of service tax paid under RCM not admissible since CENVAT Credit was never claimed and transitional provisions under GST was not complied.

Penalty for Smuggling Battery Scrap Through Un-notified Route: CESTAT Allahabad

November 18, 2024 684 Views 0 comment Print

CESTAT Allahabad held that penalty imposable for the act of smuggling of battery scrap by concealing the same with plastic scrap through un-notified route from Nepal. Accordingly, penalty upheld and appeal dismissed.

Customs duty exempt on manufacturing of stainless steel coils under Advance Authorisation Scheme

November 15, 2024 762 Views 0 comment Print

CESTAT Allahabad held that customs duty leviable on manufacturing of stainless steel coils under Advance Authorisation Scheme is exempt. Accordingly, appellant is entitled to refund of CVD paid on the same.

Material imported under MOEF permission cannot be diverted to any other unit: CESTAT Allahabad

November 12, 2024 636 Views 0 comment Print

CESTAT Allahabad held that material imported based MOEF permission by a company cannot be diverted to any other unit for any purpose other than one stated in permission letter.

Interest Mandatory on Refundable Pre-Deposit of Appeal, Regardless of Claim

September 20, 2024 2580 Views 0 comment Print

The CESTAT ruled that interest on refundable pre-deposits is mandatory, regardless of whether it’s claimed, in the India Yamaha Motor Pvt. Ltd. case.

No service tax on preferential location charges if not charged separately

September 5, 2024 636 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 567 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 1824 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.

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