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CESTAT Chennai

Cenvat Credit Refund cannot be denied on Transition to GST

February 20, 2022 6234 Views 0 comment Print

Bharat Heavy Electricals Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) In this case here is no allegation raised by the department that the appellant is not eligible to avail credit of the duties / taxes paid on the inputs / input services. To put it more clearly, the appellant would be eligible […]

Customs Broker cannot be penalized for wrong quoting in shipping bill

February 9, 2022 1230 Views 0 comment Print

Mov and Go Logistics Vs Commissioner of Customs (CESTAT Chennai) It is the case of the Revenue that on examination of the shipping bills filed online by M/s. Mov and Go Logistics, Customs Broker (appellant herein) on behalf of the exporters, it is found that the appellant had furnished wrong Rotation number for the shipping […]

Transitional credit will be subjected to provisions of Rule 4(1) of CCR, 2004

February 4, 2022 2646 Views 0 comment Print

Heavy Vehicles Factory Vs Commissioner of GST & CE (CESTAT Chennai) provisions of Rule 4 are very clear as regards the time limit for availment of Cenvat credit. We find that the provisions of Rules cannot be read in isolation. The entire set of Rules covering availment/utilization of credit i.e., CCR, 2004, has to be […]

CENVAT credit cannot be denied due to invoice issued in the name of head office having with centralised registration

February 3, 2022 3033 Views 0 comment Print

CENVAT credit cannot be denied due to the reason that the invoices were issued in the name of head offices with centralised registration. The purpose of taking centralized registration is to help the manufacturer for availment of credit as well as distribution of credit.

DRI has no jurisdiction to issue Show Cause Notice

February 1, 2022 4692 Views 0 comment Print

Sree Krishna Enterprises Vs Commissioner of Customs (CESTAT Chennai) Appellant submitted that the Show Cause Notice having been issued by DRI, the order passed cannot sustain in terms of the decision of the Hon’ble Supreme Court in the case of Canon India Pvt. Ltd. Vs. Commissioner of Customs reported in 2021 (376) ELT 3 (SC). […]

Service tax not payable on residential house construction services prior to 1.7.2010 to an Individual

February 1, 2022 1593 Views 0 comment Print

Royal Shelter Vs Commissioner of GST & Central Excise (CESTAT Chennai) The department was of the view that the appellants are liable to pay service tax on the taxable services of construction of residential complex rendered by them. Show Cause Notice demanding service tax for the period January 2009 to January 2010 was issued to […]

Penalty cannot be imposed on Customs Broker if no deliberate act or omission

January 11, 2022 3903 Views 0 comment Print

Commissioner of Customs Vs B. Dhananjayan (CESTAT Chennai) For violation of Customs Brokers Licensing Regulations the agent is not an inspector, but rather a processing agent of documents with respect to clearance of goods through Customs House; that the mentioning of IE Code of the exporter in the shipping bill would itself reflect that before […]

CENVAT Credit on GTA Services | Place of Removal | Bata India | CESTAT Remanded Issue back to AO

January 11, 2022 1413 Views 0 comment Print

Bata India Limited Vs Commissioner of G.S.T. and Central Excise (CESTAT Chennai) Learned Advocate for the appellant would submit that the Adjudicating Authority has mis-directed in denying the CENVAT Credit and that the Commissioner has not appreciated the facts of the case properly nor has she examined the facts of the case from the perspective […]

Service Tax Refund cannot be denied merely for non-filing of TRAN-1 before 27.12.2017

January 6, 2022 2799 Views 0 comment Print

CESTAT held that, right to claim Service Tax refund cannot be denied merely on account of procedural lapse of filing TRAN-1 before December 27, 2017.

Right to avail ITC cannot be denied on service tax paid after introduction of GST

December 29, 2021 4557 Views 0 comment Print

Circor Flow Technologies India Private Ltd. Vs Principal Commissioner of GST & Central Excise, (CESTAT Chennai) Section 142 (3) of GST Act provides how to deal with claims of refund of service tax of tax and duty / credit under the erstwhile It is stated that therein that such claims have to be disposed in […]

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