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CESTAT Chandigarh

12% Interest payable on excise duty deposited under protest during investigation

January 17, 2022 3102 Views 0 comment Print

Gautam Industries Vs Commissioner of C.E. & S.T (CESTAT Chandigarh) Hon’ble Madras High Court in the case of CCE Chennai-II vs. UCAL Fuel Systems Ltd – 2014 (306) ELT 26 (Mad.) has held that the assessee is entitled to payment of interest from the date of deposit till the date of realization. He also submitted […]

Excise Refund claim made on or before 01.07.2017 will be dealt under excise law: CESTAT Chandigarh

December 31, 2021 2916 Views 0 comment Print

Riba Textiles Limited Vs CCE & ST, Panchkula (CESTAT Chandigarh) Provisions of Section 142 of CGST Act, 2017 clearly show that every claim of refund, every proceeding of appeal, review or reference filed/initiated whether on or before the appointed day i. e. 1.7.2017 under the existing law which means the jurisdiction for the purpose of […]

Excess amount paid by appellant is merely a deposit not a duty; Refund allowable

December 9, 2021 699 Views 0 comment Print

Pearl Drinks Limited Vs C.G. & S.T. Jammu (CESTAT Chandigarh) It is a fact on record that at the time of clearance of goods, the appellant paid duty and claim refund thereof only, there is a Cenvat credit relying in Cenvat credit account unutilized due to return of goods already cleared by the appellant on […]

CESTAT Order allowing refund of CESS attains finality if not challenged by Revenue

November 23, 2021 855 Views 0 comment Print

Insecticides India Ltd. Vs Commissioner of C G & S T, Jammu (CESTAT Chandigarh) It is an admitted fact that earlier orders of this Tribunal have been accepted by the Revenue and no appeal has been filed against those orders. In the absence of any challenge to the orders of this Tribunal, the adjudicating authority […]

ADG, DRI cannot Send Notice for Customs Duty or Interest Payment

October 22, 2021 1332 Views 0 comment Print

Additional Director General (ADG), DRI is not a proper Officer within the meaning of Section 28 (4) read with Section 2 (34) of Customs Act, 1962. Further, the said decision has been followed by the Hon’ble Madras High Court in the case of Quantum Coal Energy Pvt. Ltd. (supra) and the jurisdictional Hon’ble High Court of Punjab & Haryana in the case of Steelman Industries vs. Union of India & Ors. (supra).

Interest on refund of Service Tax Paid under protest payable from date of deposit till its realization

October 4, 2021 5658 Views 0 comment Print

Shahi Exports Ltd. Vs Commissioner of CE & ST (CESTAT Chandigarh) I find that it is an amount paid by the appellant as service tax under protest during the course of investigation. This fact is not in dispute. When any amount paid under protest, it is neither pre-deposit nor service tax; it is only a […]

CESTAT allows Cenvat credit for skill competition between dealers & employees

September 19, 2021 435 Views 0 comment Print

Maruti Suzuki is in appeal against the impugned order wherein cenvat credit on event management service has been denied on the ground that the same does not cover under Rule 2(l) of the Cenvat Credit Rules, 2004 as input service.

Relevant date for refund claim of Service Tax Paid under dispute

June 14, 2021 870 Views 0 comment Print

Sunrise Immigration Consultants Pvt. Ltd. Vs CCE & ST- Chandigarh (CESTAT Chandigarh) The facts of the case are not in dispute that a dispute between the appellant and the revenue was going on whether they were liable to pay service tax on their activity or not on export of services for the prior period. The […]

Credit cannot be denied on the basis of faulty investigation

May 28, 2021 1071 Views 0 comment Print

Explore the CESTAT Chandigarh ruling in Bansal Steel Power Limited vs. Commissioner of CE & ST, Rohtak, highlighting the flawed investigation leading to the denial of credit on returned goods. Uncover crucial insights for businesses dealing with similar issues.

Redemption fine & penalty imposed without final assessment is not permissible

May 24, 2021 3825 Views 0 comment Print

Redemption fine & penalty imposed by Revenue Department without final assessment is not permissible The Hon’ble CESTAT Chandigarh in matter of M/s J.S. Steel Traders v. the Commissioner of Customs, Ludhiana [Custom Appeal No. 60037 of 2021, Final Order No. 60840/2021 dated May 24, 2021] set aside the order passed by the Revenue Department, imposing […]

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