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CESTAT Chandigarh

No compounded levy scheme on manually packed tin packing machine

September 22, 2022 1932 Views 0 comment Print

There was no levy of duty on compounded basis on Tin Packing machine and on pouches which had not been packed with the aid of packing machine, but were packed manually with the help of hand operated fillers or similar manually operated device and sealed with heat sealers/band sealers/candles/hot iron and the like.

Taxable services rendered for transmission of electricity are exempt

September 21, 2022 2307 Views 0 comment Print

Held that benefit of exemption under notification dated 20.07.2010 is available if the taxable services are rendered for transmission/ distribution of electricity.

Denial of exemption under notification 50/2003-CE unsustainable

September 16, 2022 1512 Views 0 comment Print

Held that duty exemption benefit under notification no. 50/2003-CE dated 10.06.2003 cannot be denied because of a diversification of production capacity by adding new machines.

‘Maha Pasand Jarda Scented Tobacco’ is chewing tobacco and not jarda scented tobacco

September 9, 2022 3831 Views 0 comment Print

Held that the pouches of Maha Pasand Jarda Scented Tobacco describes the product as chewing tobacco and in Trade Parlance also it is known as Chewing Tobacco only. Hence, the same is classified as chewing tobacco and not jarda scented tobacco

An activity between only 2 parties cannot be treated as intermediary service

September 8, 2022 1158 Views 0 comment Print

Intermediary arranges or facilitates supplies of goods or services or securities between two or more persons and an activity between only two parties cannot be considered as an intermediary service.

Burden of proof lies on revenue for classifying goods under different heading

August 17, 2022 2370 Views 0 comment Print

Chandigarh CESTAT held that if the department intends to classify the goods under a particular heading different from that claimed by the assessee, the department has to adduce proper evidence and discharge the burden of proof.

No Limitation on Refund of Personal Ledger Accounts (PLA) deposit

August 14, 2022 4647 Views 0 comment Print

PLA deposits are deposits for utilisation in future & same is not duty to attract limitation provision of section 11B of Central Excise Act

Services to Foreign client in India not amounts to intermediary service if not related to import or sale of goods

April 19, 2022 2058 Views 0 comment Print

Raaga Associates Pvt Ltd Vs Commissioner of CE & ST (CESTAT Chandigarh) The appellant has entered into contact with Syntech (HK) Technology Ltd. Hongkong (STLH) in order to short list states for launching Gionee mobile phones and make arrangement for advertisement for this. Further, the appellant undertook to set up STLH office in India, to […]

Preparation of fake TR-6 challans of Custom Duty Payment- CESTAT upheld Penalties

March 30, 2022 6507 Views 0 comment Print

Pawan Kumar Vs Commissioner of Customs (CESTAT Chandigarh) The appellant is in appeal against the impugned order wherein the penalties have been imposed under section 112 (a) and section 114AA of Customs Act, 1962 for alleged preparation of fake TR-6 challans showing payment of customs duty which actually was not paid by the appellant. Ld. […]

Plant and machinery attached to earth after fabrication are covered in definition of Capital Goods & eligible for CENVAT

February 1, 2022 2319 Views 0 comment Print

Indian Oil Corporation Ltd. Vs CCE, Panchkula (CESTAT Chandigarh) In this case Department seeks to deny the Credit Credit on the two grounds, namely :- (a) at the time of receipt of capital goods in the refinery where the same had been installed for setting up Nephtha Cracker Plant, the appellant were not owner of […]

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