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CESTAT Chennai

No Customs Exemption for Wind-Operated Electricity Generator Without MNRE Certificate

November 12, 2023 525 Views 0 comment Print

CESTAT Chennai’s ruling in Commissioner of Customs vs. Gamesa Wind Turbines on customs exemption for wind-operated electricity generator parts without the required certificate from MNRE.

ESTAT Dismisses Appeal: Customs Fails to Prove Delay in Order Receipt

November 12, 2023 297 Views 0 comment Print

CESTAT Chennai dismisses the Customs department’s appeal due to its failure to prove delay in receiving the order from the Review Cell. Detailed analysis of the case.

CESTAT allows Transfer of Accumulated CENVAT Credit from EOU to DTA Unit Post EOU Status Exit

November 11, 2023 594 Views 0 comment Print

CESTAT Chennai’s landmark order: Accumulated CENVAT credit from an EOU unit can be transferred to a DTA unit upon exiting EOU status. Analysis and implications.

Trader Eligible for Customs Duty Refund Despite Invoice Error

November 8, 2023 234 Views 0 comment Print

Acqueon Technologies Pvt. Ltd vs. Commissioner of Customs: CESTAT Chennai allows customs duty refund despite invoice error. Detailed analysis and precedent cited.

No Interest payable to assessee on accumulated Cenvat credit lying unutilized

November 8, 2023 564 Views 0 comment Print

Interest was not payable accumulated CENVAT credit lying unutilized as in case of export of services under Rule 5 of the CENVAT Credit Rules, 2004, assessee was free to take back the credit of not sanctioned / partially sanctioned refunds.

Exemption from Service Tax for Mark-Up Profit on Ocean Freight Discrepancy

November 7, 2023 1245 Views 0 comment Print

Department did not have a case that assessee had not discharged Service Tax on the agency commission received as a Steamer Agent or CHA.

Service Tax Demand under CICS / CCS Inapplicable to Composite Contracts for Construction

November 6, 2023 600 Views 0 comment Print

CESTAT Chennai’s order on Visanthi & Co. vs. Commissioner of GST & Central Excise. Analysis of service tax demand for construction services.

Coverage of Postweld heat treatment within ‘Technical Testing and Analysis Service’ needs re-consideration

October 27, 2023 423 Views 0 comment Print

CESTAT Chennai held that coverage of activity of Postweld heat treatment/ stress relief heat treatment as within the definition of ‘Technical Testing and Analysis Service’ needs re-consideration as appellant doesn’t issue any report certifying quality of goods.

Service Tax penalty not justified if constitutional validity of levy is yet to be decided

October 22, 2023 558 Views 0 comment Print

CESTAT Chennai has quashed penalties in a tax dispute case. Details of the case and the impact of pending constitutional validity challenge discussed.

No service tax on Composite works Contracts Pre-01.06.2007

October 22, 2023 180 Views 0 comment Print

CESTAT Chennai rules no demand can survive against composite works contract contracts prior to 01.06.2007 in the case of Mertho Constructions vs. Commissioner of Central Excise.

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