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CESTAT Chennai

Celling of CENVAT rule 6(3)(c) not apply to capital goods & services specified under rule 6(5)

June 7, 2023 969 Views 0 comment Print

Held that the ceiling of 20% under Rule 6(3)(c) is not applicable to capital goods and 17 input services specified under Rule 6(5) of the CENVAT Credit Rules, 2004.

Benefit of no duty import allowed when goods jointly imported by financing company and EOU

June 7, 2023 939 Views 0 comment Print

CESTAT allowed Export Oriented Unit (EOU) and financing company jointly to enjoy the benefit of no duty imports when imported goods used by EOU.

No Service Tax on Spares & Accessories Used for Free Warranty Services

June 6, 2023 1005 Views 0 comment Print

CESTAT overturned order that required payment of Service Tax on expenses incurred for spares and materials used in provision of complimentary services during warranty period.

Refund of CENVAT credit pertaining to the period prior to registration cannot be denied

June 2, 2023 1959 Views 0 comment Print

Denial of CENVAT credit for non-registration of premises is not justified as per Section 11B of the Central Excise Act, 1944. Further held that, when conditions like payment of tax and receipt of service are satisfied, in such case credit cannot be denied on the basis that the credit was availed few days before the payment of tax.

Extended period invocable as non-payment of service tax detected by Anti-evasion unit

May 14, 2023 1140 Views 0 comment Print

CESTAT Chennai held that extended period of limitation rightly invoked as non-payment of Service Tax has been detected and investigated by the Anti-evasion Unit of the Commissionerate.

Department cannot insist that importer should avail benefit of a particular notification when they are eligible for different notifications

May 10, 2023 666 Views 0 comment Print

Commissioner of Customs Vs Dimension Data India Limited (CESTAT Chennai) It is brought out that an amount of Rs.7,23,072/- was rejected by the original authority on the ground that Bill of Entry in regard to RSP based assessed goods has to be reassessed and refund claim has to be filed for the CVD paid by […]

Manufacturer shall not avail CENVAT Credit if refund claim is filed under Notification No. 41/2007-ST 

May 10, 2023 600 Views 0 comment Print

CPC (P) Ltd Vs Commissioner of GST & Central Excise (CESTAT Chennai) The issue involved in all these appeals being the same, were heard together and disposed by this common order. 2. Brief facts are that the appellants hold Central Excise registration as well as Service Tax registration. During the scrutiny of CENVAT documents, it […]

No service tax payable on construction of flat which is for personal use of service recipient

May 6, 2023 1107 Views 0 comment Print

CESTAT Chennai held that there is no Service Tax liability as and when the construction of flat is for the personal use of the service recipient.

Any other amount charged not for providing taxable service cannot be part of valuation

May 5, 2023 768 Views 0 comment Print

CESTAT Chennai held that any other amount, other than gross amount charged for providing taxable service, which is calculated not for providing such taxable service cannot a part of that valuation as that amount is not calculated for providing such ‘taxable service’.

Extended period of limitation cannot be invoked if no suppression of facts

May 5, 2023 780 Views 0 comment Print

Fact of suppression, etc., has not been established by the Revenue to justify invoking the extended period of limitation

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