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CESTAT Bangalore

CENVAT Credit eligibility cannot be questioned at the Time of claiming of Refund

August 17, 2021 2166 Views 0 comment Print

Microsoft Research Lab India Private Limited Vs Commissioner of Central Tax (CESTAT Bangalore) CESTAT find that the appellant has given detailed justification for each of the impugned services involved in these two appeals with judicial precedents and the impugned services have been used by the appellant for rendering the output services. Further, I find that […]

Penalty cannot be imposed for issue already been adjudicated for Penalty

August 12, 2021 1623 Views 0 comment Print

N A Jayaram Vs Commissioner of Customs (CESTAT Bangalore) I find that the only issue in the present case is whether the imposition of penalty under Section 114(i) of the Customs Act, 1962 on the ground of abetment of falsely signed the invoices used for improper exportation is justified under law. Further, I find that […]

Mere Delay in debiting CENVAT A/c will not defeat substantial right of refund

August 8, 2021 870 Views 0 comment Print

Thorogood Associates India Private Limited Vs Commissioner Of Central Tax (CESTAT Bangalore) In present case, the appellant has complied with the conditions prescribed under para 2(h) of the Notification No.27/2012 and debited the CENVAT account on 31.3.2018 though there was some delay in debiting the CENVAT account but the delay in debiting the CENVAT account […]

Procedural irregularity in ISD distribution is revenue neutral & will not effect substantive right of appellant

August 4, 2021 2682 Views 0 comment Print

Maini Precision Products Ltd Vs Commissioner of Central Tax (CESTAT Bangalore) In the present case, the learned Commissioner has confirmed the demand of CENVAT credit on the grounds that the appellant has failed to distribute the credit to its various units regarding common input service. The defence of the appellant that after the implementation of […]

One-to-one correlation between output & input service not required for claiming refund

July 28, 2021 4032 Views 0 comment Print

CESTAT held that, there is no need to establish one-to-one correlation between output service exported and input service used in such services.

Cenvat credit refund cannot be rejected for inadvertent Mistake

July 11, 2021 906 Views 0 comment Print

Convance Clinical Development Pvt. Ltd. Vs Commissioner Of Central Tax (CESTAT Bangalore) it is not in dispute that the appellant is an exporter and does not have any domestic services at all. Appellant availed input services for the purpose of rendering output service exporting to his foreign company for which he pays service tax and […]

CESTAT Bangalore confirms service tax demand on VCF trust

July 10, 2021 7320 Views 0 comment Print

M/s. ICICI Econet Internet and Technology Fund Vs. Commissioner of Central Tax (CESTAT Bangalore) Any start-up needs huge financial support and presently this is being done by alternative investment funds (AIFs) or venture capital fund (VCFs). These funds are pooled investment vehicles with a certain set of contributors. In India, these funds are usually in […]

CESTAT directs original authority to decide refund claim after considering submission of Appellant

July 4, 2021 396 Views 0 comment Print

EYGBS (India) LLP Vs Commissioner of Central Tax (CESTAT Banglore) CESTAT find that the impugned order has rejected the refund claims on the grounds that the appellant has violated the condition at para 3(III)(a), 3(III)(d) and Rule 5 of SEZ Notification No.12/2013-ST dt. 01/07/2013. Further, I find that the appellant has SEZ units as well […]

CESTAT warns Assistant Commissioner of Customs for collecting penalty without furnishing order copy to Appellant

June 18, 2021 1116 Views 0 comment Print

Explore the legal battle of K.J. Associates against the Commissioner of Customs at CESTAT Bangalore. Dive into the intricacies of the case involving delayed issuance of orders, improper classification, and the release of confiscated goods.

Procedural delay in credit reversal not disentitles assessee from claiming refund

June 17, 2021 2079 Views 0 comment Print

CESTAT set aside the order passed by the Commissioner (Appeals) disallowing the refund claims of the assessee on the ground that credit reversal in Form GSTR-3B pertains to GST credit and not CENVAT credit. Held that, procedural delay will not disentitle the assessee from claiming refund when credit had been reversed in Form GSTR-3B.

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