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CESTAT Chandigarh

CENVAT Credit allowed on Goods Destroyed during manufacturing process

July 28, 2023 1113 Views 0 comment Print

Comfort Polymers Pvt. Ltd. wins the case against CCE- Jammu at CESTAT Chandigarh. CENVAT credit on destroyed goods is allowed as per Rule 3(5B) and 3(5C) of Cenvat Credit Rules, 2004.

Without Mutuality of Interest, Rule 8 of Central Excise Valuation Rules, 2000 Inapplicable

July 28, 2023 834 Views 0 comment Print

CESTAT Chandigarh sets aside penalty and interest imposed on Punj Brothers Limited for non-payment of customs duty on clearance of goods, citing limitation and lack of mutuality of interest between the parties. The case involved related party transactions and application of Rule 8 of the Central Excise Valuation Rules, 2000.

CESTAT Upheld service tax demand deletion Due to Limitation

July 28, 2023 729 Views 0 comment Print

The CESTAT Chandigarh upheld the deletion of service tax on installation commissioning services on the ground of limitation. The case involved Himachal Futuristic Communication Limited.

Modular Employment Scheme: Outside Ambit of Service Tax

July 25, 2023 519 Views 0 comment Print

CESTAT Chandigarh held that the modular employment scheme is a vocational training programme and vocational training activity is outside the ambit of service tax, as exempted vide Notification No. 24/2004-ST dated 10.09.2004.

Matter remanded for fresh re-consideration as cross-examination of key witnesses not allowed

July 24, 2023 900 Views 0 comment Print

CESTAT Chandigarh remanded the matter to the Adjudicating Authority for a fresh re-consideration as cross-examination to key witnesses was not allowed.

Not allowing cross-examination of key witnesses vitiates the proceedings

July 24, 2023 1191 Views 0 comment Print

CESTAT Chandigarh held that the interest of justice would be properly served if the case goes back to the Adjudicating Authority to adjudicate the case afresh as not allowing the cross-examination of key witnesses vitiates the proceedings.

Once service tax levied under ‘Commercial Construction Service’, it cannot be re-demanded under ‘Works Contract Service’

July 21, 2023 552 Views 0 comment Print

The CESTAT quashes penalty against SAB Industries Limited, ruling that service tax cannot be levied under ‘Works Contract Service’ once demanded under ‘Commercial Construction Service’.

SSI Exemption Cannot Be Denied for Using Family Surname in Separate Entity

July 17, 2023 513 Views 0 comment Print

The CESTAT Chandigarh has ruled in favor of Mankoo Machine Tools in a pivotal case on SSI exemptions. This decision clarifies that family surnames can be used across separate entities without forfeiting SSI exemptions.

Adda Fee cannot be equated to ‘Business Support Service’

July 17, 2023 1281 Views 0 comment Print

The recent ruling by CESTAT on Chandigarh Transport Corporation Vs Commissioner of Central Excise has declared that the collection of Adda fee by transport corporations as part of statutory functions does not amount to “Business Auxiliary Service” (BAS).

No Refund of Education Cess and HE Cess under Notification No. 56/2002-CE

July 17, 2023 1023 Views 0 comment Print

Explore the CESTAT’s recent ruling in the case of Kashmir Steel Rolling Mills vs Commissioner of Central Excise, where the tribunal upheld the rejection of the refund claim for Educational Cess due to its exclusion in the area-based exemption notification.

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