Read about CESTAT Chennai ruling exempting service tax on forfeiture of earnest money deposit and liquidated damages. Understand legal implications and clarifications under Section 66E(e) of Finance Act.
Appellant availed credit on the Service tax paid and applied for refund under Rule 5 of the CENVAT Credit Rules, 2004 (CENVAT Credit Rules) for the period July, 2013 to September, 2013.
Indian Overseas Bank Vs Commissioner of GST & Central Excise (CESTAT Chennai) Interest earned on gold loans is taxable and does not fall within negative list as Section 66D(n) of the Act excludes interest earned only on monetary Loans and advances, but not to lending of Gold. Revenue is of the opinion that only if […]
Central Warehousing Corporation Vs Commissioner of Central Taxes (CESTAT Chennai) The issue is with regard to the re-credit availed by the appellants on 29.03.2014 for an amount of Rs.20,83,773/-. As explained by the learned counsel for the appellants, the said re-credit is not adjustment of the excess reversal of proportionate credit in terms of Rule […]
The second allegation is that appellants have violated Regulation 5(n), by allowing unauthorised persons to enter into the area. Though, it is stated in the show-cause notice that the appellants have allowed unauthorised persons to access the premises, there is no evidence to support the same. The details of such unauthorised persons seen in the premises are not furnished by department. The allegation without support of any evidence cannot sustain.”
CESTAT had deleted the penalty imposed by the Customs Department and held that no penalty could be levied under section 117 if there was no willful intention / wrongful mind for violating the law and such violation occurred was only due to inadvertent omission / system error.
Explore Angallamman Knit Fabrics vs Commissioner of Customs case. CESTAT Chennai sets aside confiscation of export goods and penalties. Full judgment here.
There was no jurisdiction with the DRI to issue the Show Cause Notice in question and consequently, the whole penalty proceedings become ab initio void.
Explore the CESTAT Chennai case of T.G. Silks vs. Commissioner of Customs, addressing late fee charges during the GST transition. Uncover technical challenges, system defects, and the waiver possibility under Notification No. 26/2017.
Nilkamal Limited Vs Commissioner of G.S.T. and Central Excise (CESTAT Chennai) The Revenue having collected per force the Service Tax along with interest, the appellant is pushed into a situation where its refund claim is denied and even the credit of Service Tax so paid is also not allowed to be availed, with the introduction […]
