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CESTAT Chandigarh

Notification 01/10-CE Benefits eligible for production from Capacity Expansion After 06.02.2010

November 6, 2023 1149 Views 0 comment Print

CESTAT Chandigarh held that benefit of notification no. 01/10-CE dated 06.02.2010 cannot be denied as commercial production from expanded capacity commenced on or after 06.02.2010.

Business Use of Travel Agency and Broadband Services Qualifies for CENVAT

November 3, 2023 693 Views 0 comment Print

CESTAT Chandigarh held that Travel Agency Service, AMC Photocopy Machines and Broadband services used for the purpose of business and not for any personal use is eligible for CENVAT Credit.

Services rendered Abroad to Company situated outside India Qualify as Export of Services

November 3, 2023 1344 Views 0 comment Print

Services rendered by the respondents to M/s SB Plc, UK constitute export of service as the services were utilized by a company situated outside India and used outside India and the principal was located outside India with whom there was contract of service and such principal had paid for such services to the respondent in convertible foreign exchange.

Separate Invoicing for Tubes and Flaps Doesn’t Affect Cenvat Credit

November 3, 2023 735 Views 0 comment Print

Cenvat Credit on Input or Capital Goods could not be denied merely for showing tubes and flaps separately in invoices. Moreover, tubes and flaps were used in the manufacture of the tyres and as such qualify to be “inputs” given the definition given under Rule 2(k) of CCR, 2004.

CENVAT Credit eligible on inputs used for manufacture of final products that are destroyed during testing

November 1, 2023 1209 Views 0 comment Print

CESTAT Chandigarh held that CENVAT Credit cannot be denied merely because final products are destroyed during testing. Notably, testing is integral to the activity of manufacture and CENVAT attributable to inputs that have gone into the manufacture of final products cannot be denied.

Duty demand invoking rule 8 of CVR, 2000 without any reasonable justification unsustainable

October 31, 2023 384 Views 0 comment Print

CESTAT Chandigarh held that duty demand valuing goods cleared to sister concern in term of rule 8 of the Central Excise (Valuation) Rules, 2000 (CVR, 2000) without any reasonable justification and without providing report of Deputy Director (Cost) is unsustainable in law.

To Extend Limitation Period, Proving Intent to Evade Duty is Essential

October 30, 2023 792 Views 0 comment Print

Paliwal Overseas Pvt. Ltd. prevails against Central Excise & ST in CESTAT Chandigarh. Detailed analysis of duty demand, penalties, and key legal arguments.

No Service Tax on GSA Commission from Foreign Airlines: CESTAT Chandigarh

October 25, 2023 729 Views 0 comment Print

CESTAT Chandigarh rules that General Sales Agent (GSA) commissions received by Bird Travels P Ltd. from foreign airlines for promoting and marketing services are not subject to service tax.

CESTAT Remands Appeal for Time-Barred Dismissal: Refund Claim for Anti Dumping Duty

October 24, 2023 1191 Views 0 comment Print

CESTAT Chandigarh overrules appeal dismissal as time-barred in the case of Art N Glass vs. C.C Ludhiana, emphasizing compliance with the Customs Act’s prescribed timeframe.

Denial of Excise Duty Refund for a Genuine Interpretation Error Unjustified

October 24, 2023 417 Views 0 comment Print

CESTAT Chandigarh rules in favor of Souvenior Ceramics, granting exemption from excise duty for castable refractory goods supplied to power projects. Detailed analysis here.

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