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CESTAT Chennai

No Service Tax on work contract for construction of residential complexes prior to 01.07.2010

April 24, 2023 1002 Views 0 comment Print

No Service Tax could be levied on construction of residential complexes prior to 01.07.2010 even when service is rendered either as service simpliciter or as a works contract

Written Consent for Acceptance of Bills of Entry missing – HC allowed Appeal

April 18, 2023 303 Views 0 comment Print

Kanam Latex Industries Pvt. Ltd. Vs Commissioner of Customs (CESTAT Chennai) The facts of the case are that the appellant had imported rubber gloves in bulk. The original authority had directed them to indicate MRP on the packets of imported rubber gloves and assessed the goods to additional duty of customs in terms of Central […]

No custom duty benefit on Main PCB, Lightning Protector, DC/AC Cables, Fuse Holders of IFWT

April 17, 2023 1026 Views 0 comment Print

The goods imported such as main PCB, lightning protector, DC/AC cables, fuse holders are neither parts nor accessories of Integrated Fixed Wireless Telephones ( IFWT )could not be considered as accessory as these parts were not used to increase the effectiveness or convenience of IFWT. Therefore, the goods imported were neither parts nor accessories of IFWT and therefore could not avail the benefit of notification for Customs duty exemption.

SAD refund allowed even though condition 2(b) of Notification No.102/2007-Cus. not complied

April 17, 2023 327 Views 0 comment Print

Appellant is eligible for refund even though condition 2(b) of Notification No.102/2007-Cus. dated 14.09.2007 not been complied

Extended period of limitation cannot be invoked in revenue neutral situation

April 17, 2023 1251 Views 0 comment Print

When the tax is paid under reverse charge mechanism, appellant would be entitled to avail credit of same, which leads to a revenue neutral situation

No excise duty exemption on Machine Dipped Match Splints if power was used in manufacture

April 17, 2023 243 Views 0 comment Print

Innasimuthu Package Vs Commissioner of GST & Central Excise (CESTAT Chennai) The issue in all these appeals being the same, they were heard together and are disposed of by this common order. 2. In these appeals, the issue relates to applicability of exemption Notification No. 4/2006-CE dated 1.3.2006.at Sl. No. 72 which deals with the […]

CENVAT Credit eligible on Service Tax paid by Automotive Dealers

April 16, 2023 408 Views 0 comment Print

Service tax paid by automotive dealers was availed as Cenvat credit by appellant availment of such credit is in conformity with Cenvat Rules

Section 11AC penalty not valid If no Suppression of fact to evade Duty

April 15, 2023 879 Views 0 comment Print

Tansi Pump Unit Vs Commissioner of GST & Central Excise (CESTAT Chennai) Brief facts are that the appellants are registered as manufacturer of hand-pumps, EB line material, Benches, Desks etc. They availed small scale exemption under Notification No.8/2003-CE dt. 1.3.2003 and after crossing the exemption limit were clearing the products on payment of duty. Appellant […]

CESTAT allows SAD refund which was rejected for non-compliance of Notification No.102/2007-Cus. Dated 14.09.2007

April 15, 2023 555 Views 0 comment Print

S. Vaidya and Company Vs Commissioner of Customs (CESTAT Chennai) Brief facts of the case are that the appellant filed three refund claims for refund of SAD amount of Rs.10,97,996/-. After scrutinizing the documents, the adjudicating authority observed that the sales invoices were not endorsed with the mandatory declaration that “no cenvat credit can be […]

No Service Tax on Consideration for Composite Construction Services before 01.06.2007

April 15, 2023 624 Views 0 comment Print

Whether appellants liable to pay service tax on consideration received for construction services which are composite in nature including both supply of materials and provision of services for the period prior to 01.06.2007.

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