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CESTAT Chennai

Date of realization of foreign exchange is relevant date in case of export of service

April 26, 2023 1716 Views 0 comment Print

CESTAT Chennai held that relevant date of filing refund claim under Rule 5 of the Cenvat Credit Rules in case of export of service is the date of realization of the foreign exchange.

Handling of export cargo is excluded from taxability and cannot be said as exempted service

April 26, 2023 1236 Views 0 comment Print

CESTAT Chennai held that handling of export cargo is excluded from the purview of service tax. The same is not exempted service. In nut-shell, any activity on which no service tax is payable doesn’t make such activity an exempted service.

Duty demand in petroleum products should be based on net quantity after adjusting gain and loss

April 26, 2023 1860 Views 0 comment Print

CESTAT Chennai held that net quantity after adjusting the gain and loss has to be taken for demand of duty in case of petroleum products.

RCM liability invoking section 66A not sustainable as inspection service is performed in India

April 26, 2023 933 Views 0 comment Print

CESTAT Chennai held that service receiver (appellant) not liable to pay service tax invoking provisions of section 66A of the Finance Act under reverse charge mechanism (RCM) as inspection service is performed in India.

No Service Tax on Construction of Residential Complexes before 01.07.2010

April 26, 2023 1452 Views 0 comment Print

CESTAT held that 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.

Scrap generated during the process of manufacture is not liable to excise duty

April 26, 2023 1977 Views 0 comment Print

Waste and scrap are emerging as by-products during the course of manufacture of other products and therefore are not exigible to excise duty.

Cross examination cannot be denied stating that no purpose will be achieved

April 25, 2023 1095 Views 0 comment Print

Noticee has a right to get copies of documents. Department has to record reasons for denying request for cross examination. Cross examination cannot be denied stating that no purpose will be achieved.

Adjudicating Authority cannot go beyond the Scope of SCN: CESTAT

April 25, 2023 2841 Views 0 comment Print

Original authority confirmed a higher amount on grounds which are not alleged in SCN and has thus traversed beyond SCN is not without substance

CIRP already passed: CESTAT disposes appeal as per NCLT directions

April 25, 2023 966 Views 0 comment Print

Ruchi Soya Industries Limited Vs Principal Commissioner of GST & Central Excise (CESTAT Chennai) Ld. Counsel Shri Vishal Sundar submitted that Corporate Insolvency Resolution Process (CIRP) was initiated in respect of the appellant under the provisions of the Insolvency and Bankruptcy Code, 2016 by order of the National Company Law Tribunal, Mumbai (NCLT) dt. 08.12.2017 […]

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

April 24, 2023 1218 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

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