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CESTAT Chennai

Clearing of railway coaches without payment of duty – CESTAT upheld interest & penalty

April 15, 2023 861 Views 0 comment Print

Integral Coach Factory Vs Commissioner of GST & Central Excise (CESTAT Chennai) Brief facts of the case are that appellants are engaged in the manufacture of railway coaches and are registered with the Central Excise Department. On specific intelligence that they were clearing railway coaches without payment of duty, the officers of the Preventive Unit […]

Cenvat eligible on freight charges & CHA services availed upto port for export of goods

April 15, 2023 1350 Views 0 comment Print

The issue is whether the respondent is eligible to avail credit on input services on freight charges and CHA services availed upto the port for export of goods.

No service tax on services of Treating Effluents Discharged from Member Units

April 15, 2023 1116 Views 0 comment Print

CESTAT held that activity of treatment of effluent water is exempt from Service Tax under Notification No. 08/2017-S.T. dated 20.02.2017

Fees of technical knowhow not includible in assessable value of imported goods

April 13, 2023 1404 Views 0 comment Print

CESTAT Chennai held that as transfer of technical knowhow not a condition for sale of capital goods, hence, technical knowhow fee not to be included in the assessable value of imported goods.

Valuation of inter-unit transfer of goods for captive consumption

April 12, 2023 2145 Views 0 comment Print

ITC Limited Vs Commissioner of Central Excise (CESTAT Chennai) Whether the IDSC/ICNC debit note raised by Bhadrachalam Unit have to be considered as a component of cost of raw materials of the appellant and Whether the unabsorbed overheads due to idle capacity have to be included in the cost of production? n the case of […]

Service tax liability unsustainable as rendering of service in India not established

April 12, 2023 468 Views 0 comment Print

CESTAT Chennai held that no documents are placed on record establishing that services are rendered in India, accordingly, service tax liability under management, maintenance or repair service unsustainable.

Delay in receipt of review order not proved hence order u/s 129D(2) assumed to have been passed beyond 3 months

April 12, 2023 1518 Views 0 comment Print

CESTAT Chennai held that appeal by department dismissed as time-barred as review order as required u/s 129D(2) of the Customs Act, 1962 assumed to have been passed beyond 3 months as no evidence produced proving delay in receiving review order.

Service tax cannot be demanded on reimbursable expenses

April 12, 2023 840 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 2748 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 2058 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

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