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CESTAT Chandigarh

Relevant date for refund claim of Service Tax Paid under dispute

June 14, 2021 1056 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 1197 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 4443 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 […]

Section 140 – GST Refund – Relevant date for limitation

May 24, 2021 4182 Views 0 comment Print

Explore the CESTAT Chandigarh ruling in Schlumberger Asia Services Ltd. vs. Commissioner of CE & ST on the timeliness of a refund claim post-GST regime changes. Insightful analysis for businesses navigating GST transitions.

Reference to Larger Bench of Tribunal on refund claim of SAD if goods were not sold within one year

May 13, 2021 2388 Views 0 comment Print

Whether the time limit prescribed for filing refund claim of SAD paid by the importer is one year in terms of Notification No. 93/2008(Cus) dated 01.08.2008 which has been issued in terms of section 25(1) of the Customs Act, 1962 without selling the imported goods by the importer within one year of payment of SAD shall be applicable or not needs to be referred to the Larger Bench of Tribunal.

Customs Act, 1962 cannot be extended beyond India

April 8, 2021 1962 Views 0 comment Print

Discover the implications of Section 1(2) of the Customs Act, 1962 in the case of Seville Products Ltd. vs Commissioner of Customs, Ludhiana. Uncover why the CESTAT Chandigarh sets aside the penalty imposed on an appellant located outside India.

Service Tax Demand cannot be raised beyond 5 year period of limitation

March 19, 2021 49320 Views 0 comment Print

Chandigarh CESTAT ruling in Maharaja Crane Services vs. Commissioner of CGST – Applicability of Limitation Act to service tax matters. Legal insights on demand beyond the five-year limit.

Speaking order should be passed by Proper Office within 15 days of re-assessment of bills of entry

March 18, 2021 9579 Views 0 comment Print

Explore the CESTAT Chandigarh order in Manavi Exim Pvt Ltd vs Commissioner of Customs, Ludhiana. Learn about the implications of Section 17(5) of the Customs Act on re-assessment and the importance of a speaking order.

Refund allowable for service tax paid for extended period of limitation & interest thereon

January 11, 2021 1077 Views 0 comment Print

Initially, the adjudicating authority rejected the refund claim holding that the appellant has not contested the service tax liability, therefore, the refund claim of service tax paid is not admissible.

Cenvat Credit admissible on advertisement services

November 25, 2020 2103 Views 0 comment Print

Kandhari Beverages P Ltd Vs C.C.E. (CESTAT Chandigarh) In the case before High Court, the advertisement expenses were incurred by Coca Cola India and High Court had held that expenses towards advertisement services are part of the cost incurred for production of the finished product, and hence these services are to be treated as input […]

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