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CESTAT Chennai

CENVAT Credit Permissible Even Without Registration Under Rule 5

July 17, 2023 921 Views 0 comment Print

Learn about CESTAT’s recent ruling in the Aricent Technologies case, which validates the grant of CENVAT credit even when service-exporting premises are not registered under Rule 5 of CENVAT Credit Rules.

Penalties & interest cannot be imposed Retrospectively on Service Tax

July 16, 2023 2547 Views 0 comment Print

ead the full text of the CESTAT Chennai order in the case of Commissioner, Namakkal Municipality Vs Commissioner of GST & Central Excise. The case deals with the imposition of penalties and interest on service tax retrospectively. The CESTAT Chennai sets aside the interest and penalties, citing the retrospective amendment and the principle of non-ex post facto penalties.

Reduction in value of machine sold post replacement of important part is normal

July 16, 2023 345 Views 0 comment Print

CESTAT Chennai held that differential duty not payable as there is no contravention of Valuation Rules as an important part of the machine sold has been replaced with a less advanced component, slight reduction in the value of the machine sold is found to be normal.

Refund for Mistakenly Paid Duty cannot be denied if claimed within time Prescribed (Section 11B)

July 16, 2023 774 Views 0 comment Print

CESTAT Chennai held that refund of duty paid under mistake of law cannot be denied when the refund claim is filed within the time prescribed under section 11B of the Central Excise Act, 1944.

CESTAT Grants PepsiCo India Benefit of Lower Duty on Fruit Pulp; Reversal of Ineligible Credit Acknowledged

July 15, 2023 573 Views 0 comment Print

Unpacking the latest CESTAT Chennai verdict on the PepsiCo India vs Commissioner of GST & Central Excise case, exploring how PepsiCo India was granted the benefit of a 1% duty rate on fruit pulp following a reversal of ineligible credit.

CESTAT confirms demand of differential duty for failure to meet Project Import regulations

July 15, 2023 342 Views 0 comment Print

A critical review of the case between Graphite India Limited and the Commissioner of Customs, with an emphasis on the significance of adhering to Project Import regulations and the implications of not doing so.

Duty exemption on gasket cannot be denied merely due to initial mismatch

July 15, 2023 294 Views 0 comment Print

A detailed look at the case of IGP Engineers Pvt Ltd Vs Commissioner of GST & Central Excise, where CESTAT ruled that duty exemption could not be denied due to an initial mismatch.

Demand time barred in absence of any willful suppression with intent to evade payment of duty

July 14, 2023 444 Views 0 comment Print

CESTAT Chennai held that as all the details are furnished based on which permission for DTA clearance was granted. Accordingly, allegation of willful suppression of facts with intent to evade payment of duty is without any factual basis. Hence demand set aside as time barred.

Upgraded Beneficiated Ilmenite Classifiable under CTH 2823

July 13, 2023 819 Views 0 comment Print

CESTAT Chennai held that Upgraded Beneficiated Ilmenite are synthetic Rutile and hence classifiable under CTH 2823 and not under 2614.

Extended period not invocable if department was fully aware of import

July 12, 2023 534 Views 0 comment Print

CESTAT Chennai held that extended period of limitation not invocable as department was duly aware about what was being imported and the purpose thereof.

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