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CESTAT Chennai

Service tax cannot be demanded on reimbursable expenses

April 12, 2023 774 Views 0 comment Print

Issue is as to whether service tax can be demanded on reimbursable expenses. CESTAT held that demand cannot sustain & requires to be set aside

Departmental appeal dismissed as time-barred on failure to establish date of receipt of order by reviewing authority

April 9, 2023 2601 Views 0 comment Print

CESTAT Chennai held that as department failed to provide any evidence to establish the date on which Order-in-Original was received by the reviewing cell. Hence delay in filing of appeal by department dismissed as time-barred.

Transfer of goods from one unit to another is valued at actual cost of production excluding notional loading

April 5, 2023 1986 Views 0 comment Print

CESTAT Chennai held that in case of Inter-unit transfer of goods for captive consumption, the actual cost of production (100% of the cost of production), of the raw material procured from the Bhadrachalam unit of the appellant [excluding the notional loading under Rule 8 – 15% / 10%] is the cost of raw material in the hands of the Chennai unit

Classification of goods cannot be altered as some parts imported and cleared under separate BOE

April 1, 2023 1668 Views 1 comment Print

CESTAT Chennai held that merely because some parts were imported separately and cleared under a separate Bill of Entry (BOE), the department cannot contend that the goods cannot be classified under CTH 8437. Goods classifiable under CTH 8437 as order placed for supply would be complete only by including the goods imported vide both Bills of Entry.

Cost of free supply material not includible in the assessable value

April 1, 2023 969 Views 0 comment Print

CESTAT Chennai held that the demand of duty alleging that cost of free supply material has to be included in the assessable value is not sustainable and liable to be set aside.

Benefit of notification 4/2006-CE not available to match splints as power used in its manufacture

March 31, 2023 816 Views 0 comment Print

CESTAT Chennai held that benefit of notification no. 4/2006-CE dated 01.03.2006 not available to machine dipped match splints as power is used in the manufacture of match splints.

Benefit of exemption notification no. 06/2006-CE dated 01.03.2006 available to tubular tower

March 31, 2023 1278 Views 0 comment Print

CESTAT Chennai held that tubular tower being parts of wind operated electricity generator is eligible for exemption under notification no. 06/2006-CE dated 01.03.2006.

Discharge Certificate under SVLDR Scheme issued: CESTAT dismisses appeal

March 30, 2023 1275 Views 0 comment Print

It is seen that Discharge Certificate in Form No. SVLDRS-4 under SVLDR Scheme 2019 has been issued to assessee. Appeal is dismissed as deemed to be withdrawn.

Indian resident party of agreement liable to meet TDS obligation

March 29, 2023 888 Views 0 comment Print

CESTAT Chennai held that in agreements where one party is non-resident, it is responsibility of other Indian resident party to meet TDS obligation arising on account of the respective agreement.

Educational & Higher Education Cess payable on Clean Energy Cess

March 29, 2023 3393 Views 0 comment Print

Chemplast Sanmar Ltd. Vs Commissioner of Customs (CESTAT Chennai) The appellant had contended before the authorities below that as per Section 83 (3) of Chapter VII , Section 83 (5) of Chapter VII of the Finance Act, 2010, Section 94 of the Finance Act, 2004, Section 138 & Section 139 of the Finance Act, 2007 […]

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