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CESTAT Chennai

‘Nimbooz’ cannot be classified as ‘Lemonade’ : CESTAT Chennai

December 10, 2019 1575 Views 0 comment Print

The appellant is engaged in the manufacture of aerated water and beverages which are sold under the brand ‘Nimbooz’ from March 2009 onwards. The issue under consideration is classification of ‘Nimbooz’.

CESTAT Green Signals Use of CA Certificate, Validating Non-Transfer of tax liability to another, as Evidence

December 5, 2019 3579 Views 0 comment Print

Modfurn Systems India Pvt. Ltd. Vs Commissioner of GST & CE (CESTAT Chennai) CESTAT Green Signals Use of CA Certificate, Validating The Non-Transfer of tax liability to another, as Evidence It has been ruled that the Certificate of Chartered Accountant that categorically declares that the tax liability has not been turned over to another can […]

ITC eligible on maintaining systems to collect fly ash generated in thermal power plant

November 20, 2019 1965 Views 0 comment Print

Ramco Cements Ltd. Vs Commissioner of Central Excise (CESTAT Chennai) Appellants are with the suppliers of fly ash. It is seen that appellants are installing PDFACS systems in the factories of thermal plants and contract for maintenance providing man power etc. is given to the respective suppliers. These suppliers do maintain such systems and transport […]

No Service Tax on Value of Spare parts on which Sales Tax already been paid

November 18, 2019 2394 Views 0 comment Print

M/s. Novotron Broadband (P) Ltd. Vs Commissioner of GST & ST (CESTAT Chennai) The issue is with regard to demand of differential service tax on the value obtained is including value of the materials used in rendering Repairs and Maintenance Service. In M/s. Safety Retreading Co. (P) Ltd., (supra) the said issue has been decided, […]

Refund of excess amount paid by mistake as pre-deposit

November 3, 2019 4020 Views 0 comment Print

CESTAT Chennai has allowed refund of excess amount paid by mistake as pre-deposit by the assessee. It observed that when the legislature made it clear what is to be collected as pre-deposit, in the absence of any finding about non-satisfaction of conditions as to pre-deposit, the department cannot retain such excess amount remitted by mistake.

Transaction value cannot be rejected merely for higher value deceleration by exporter

October 28, 2019 594 Views 0 comment Print

Shri. Haji Sumar Vs Commissioner of Customs (CESTAT Chennai) CESTAT Chennai has held that the transaction value adopted by the importer cannot be rejected merely based on export declarations received from Turkish Customs, public ledger and Commodity Trade Statistics Data (Comtrade).  Shri. Haji Sumar, who is one of the partners of M/s. Diamond Traders, has […]

Late fee for delay in filing Bill of Entry not imposable if importer takes all efforts to clear goods within reasonable time

September 30, 2019 11433 Views 0 comment Print

CESTAT Chennai has held that late fee imposed on the appellant for delay in filing of Bill of Entry was not proper, since the delay had occurred only because the original importer had failed to clear the goods.

No ST under RCM on deployment of Employees of Parent Company & Payment of Salaries to them

September 24, 2019 1413 Views 0 comment Print

The issue under consideration is whether the service tax under RCM will be levied on deputed employees working under control, direction and supervision of overseas companies?

No redemption fine when confiscation remains unchallenged

August 22, 2019 1938 Views 0 comment Print

M/s. O.M.S. Sivajothi Mills Vs Commissioner of Customs (CESTAT Chennai) CESTAT Chennai has held that redemption fine under Section 125 of the Customs Act, 1962 is an option in lieu of confiscation and hence, both (confiscation and redemption fine) cannot run simultaneously. It observed that when the order on confiscation remained unchallenged, and when even […]

Cenvat credit on renting of crates for carrying goods to buyer’s premises

August 19, 2019 753 Views 0 comment Print

M/S. Lucas TVS Ltd. v. Commissioner of GST & Central Excise (CESTAT Chennai) Observing that as per definition of ‘input services’ the restriction to avail credit up to the place of removal was applicable only for outward transportation of goods, CESTAT Chennai has allowed Cenvat credit of tax paid on renting of crates used in […]

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