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CESTAT Bangalore

Sale of customized software on CD is excisable goods hence cannot be considered for levy of service tax

October 5, 2023 882 Views 0 comment Print

CESTAT Bangalore held that sale of the customized software on a CD as part of the ‘Distributed Control Systems’ DCS is excisable goods and hence it cannot be considered for levy of service tax.

VAT Challan Missing Bill of Entry: No Basis for Denying SAD Refund

September 29, 2023 267 Views 0 comment Print

CESTAT Bangalore quashes appeal, permitting the refund of 4% Special Additional Duty (SAD) on imported goods without the need for VAT Challans to show the Bill of Entry.

CESTAT Upholds Cenvat Credit Refund of Input Services Related to Finished Goods Manufacturing

September 22, 2023 237 Views 0 comment Print

CESTAT Bangalore allows refund claims of unutilized CENVAT credit for input services related to the manufacture of finished goods. Read the detailed analysis.

Amendment to Bill of entry invoking provisions of section 149 without documentary evidences untenable

September 18, 2023 4647 Views 0 comment Print

CESTAT Bangalore held that section 149 of the Customs Act, 1962 allows amendment of a Bill of Entry after the clearance of the goods only on the basis of documentary evidences which were in existence at the time the goods were cleared for home consumption. In absence of the same, the amendment is unjustified.

Benefit of notification 67/95-CE available to molasses captively consumed for manufacture of rectified spirit

September 13, 2023 729 Views 0 comment Print

CESTAT Bangalore held that benefit of notification no. 67/95-CE dated 16.03.1995 available in respect of molasses which is captively consumed for the manufacture of rectified spirit as rectified spirit is a dutiable excisable goods.

Top gas is refuse and cannot be held to be manufactured goods

September 12, 2023 351 Views 0 comment Print

CESTAT Bangalore held that top gas is refuse like dross and skimmings which are merely scum thrown out in the manufacture of aluminium sheets and have been held not to be “manufactured” goods.

No Service Tax on Free Repairs & Free Services during Warranty by Car Dealers

September 12, 2023 1125 Views 0 comment Print

Explore the legal implications of MGF Motors Ltd vs Commissioner of Central Excise on the non-imposition of service tax for free car repairs under warranty.

CESTAT Bangalore allows refund of Additional duty paid on Timber Import 

September 12, 2023 324 Views 0 comment Print

CESTAT Bangalore allows a timber import company to refund customs and special additional duty on unsold goods, providing a key precedent for the industry.

CESTAT Quashes SCN for Lack of Suppression or Misstatement Allegations

September 11, 2023 435 Views 0 comment Print

A detailed analysis of CESTAT Bangalore’s ruling in favor of Nexteer Automotive India over the Commissioner of Central Excise and Service Tax. Learn why the show-cause notices were quashed.

Consideration received in convertible foreign exchange for services to Singapore company In India is export of service

September 7, 2023 879 Views 0 comment Print

Sun Microsystems vs. Commissioner of Central Excise & Service Tax -Consideration received in convertible foreign exchange for services to a Singapore company in India qualifies as ‘export of service.

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