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CESTAT Chennai

Value fixed by Valuation Committee adopted without revealing methodology and basis is incorrect

June 26, 2023 651 Views 0 comment Print

CESTAT Chennai held that adopting the values as fixed by the Valuation Committee without revealing the methodology and basis adopted for such values is not correct and is not in accordance with the Valuation Rules.

CENVAT Credit towards meal coupons and group insurance of employees duly available

June 25, 2023 825 Views 0 comment Print

CESTAT Chennai held that CENVAT Credit towards service tax paid on meal coupons and group insurance for employees is duly available as input service.

Appeal against Revocation of Central Excise Registration Meaningless After GST Implementation

June 25, 2023 348 Views 0 comment Print

Discover the judgment of the CESTAT in the case of Commissioner of GST & Central Excise Vs Dalmia Cement (Bharat) Ltd, where revocation of Central Excise Registration was deemed meaningless post-GST implementation.

Implications of Initiating Tax Proceedings Against a Deceased Person

June 25, 2023 1794 Views 0 comment Print

An in-depth examination of the case of Commissioner of Customs Vs K.V. Paints & Chemicals Co., where CESTAT ruled on the validity of tax proceedings against a deceased individual.

Show Cause Notice to Wrong Address Violates Natural Justice Principle

June 24, 2023 3288 Views 0 comment Print

The case of M. Pandidurai Vs Commissioner of GST & Central Excise in CESTAT Chennai sheds light on the significance of upholding principles of natural justice in tax proceedings, setting a significant legal precedent.

Service tax not payable on MRSAS as contract is for performance of work and not supply of manpower

June 24, 2023 879 Views 0 comment Print

CESTAT Chennai held that contract is for performance of the work and not for supply of manpower. Further, payments are for the works executed on tonnage basis/ unit basis and not on man hours or per person basis. Accordingly, service tax not payable on ‘Manpower Recruitment or Supply Agency Services’ (MRSAS).

Delayed payment charges collected from customers from 01.07.2012 is not leviable to service tax

June 21, 2023 1308 Views 0 comment Print

CESTAT Chennai held that service tax could not be levied on ‘delayed payment charges’ collected by the appellant from their customers from 01.07.2012 also.

CVD based on retail sale price in case of prepared glues and other prepared adhesives justified

June 20, 2023 549 Views 0 comment Print

CESTAT Chennai held that collection of CVD on basis of retail sale price in terms of Notification No. 49/2008-C.E.(N.T.) dated 24.12.2008 issued under Section 4A of the Central Excise Act, 1944 in case of prepared glues and other prepared adhesives justified.

Rent received from jointly owned property cannot be combined to impose service tax on individuals

June 20, 2023 1476 Views 0 comment Print

CESTAT’s decision clarifies that since the rent received by individual co-owners is below the specified threshold, there is no basis for imposing service tax on these amounts.

Exclusion of Surplus Freight Charges from Assessable Value: No Excise Duty

June 20, 2023 597 Views 0 comment Print

Tribunal reiterated that excise duty is a tax on the manufacture, not on the profits made by a dealer on transportation. Thus, the surplus freight charges collected from customers were excluded from the assessable value for excise duty calculation.

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