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CESTAT Bangalore

Interest on delayed Service Tax refund payable on expiry of 3 months from application

August 24, 2021 3807 Views 0 comment Print

Astrazeneca India Pvt. Ltd. Vs Commissioner Of Central Tax (CESTAT Bangalore) Since the issue of interest on delayed refund has been settled by the apex court in the case of Ranbaxy Laboratories Ltd. (supra) wherein Hon’ble Supreme Court has held that interest on delayed refund under Section 11BB is payable on expiry of three months […]

Hand Mixers are different from Handheld Blender & not liable for BIS compliance

August 24, 2021 3327 Views 0 comment Print

I am of the opinion that the Handheld Mixer are not liable to have a BIS compliance as mentioned in BIS Kitchen Appliances (Quality Control) Order, 2018. I am of the opinion that the Handheld Mixer are not liable to have a BIS compliance as mentioned in BIS Kitchen Appliances (Quality Control) Order, 2018

CENVAT credit allowable on lift which is capital goods: CESTAT Bangalore

August 18, 2021 1794 Views 0 comment Print

Divya Sree R O W Projects Vs Commissioner of Central Tax (CESTAT Bangalore) After considering the submissions of both the parties and perusal of the material on record, I find that when the passenger lift was imported, it was classified under Chapter 84 and the Classification was accepted by the Department and once the classification […]

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

August 17, 2021 2697 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 1806 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 1059 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 3486 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 5220 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 1161 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 7920 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 […]

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