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CESTAT Delhi

VAT Subsidy not includible in Assessable Value of goods manufactured by appellants

April 5, 2018 3324 Views 0 comment Print

The crux of the dispute in the present case is whether such subsidy amounts are required to be included in the assessable value of the goods manufactured by the appellants, in terms of Section 4 of the Central Excise Act.

CESTAT on Inclusion of VAT Subsidy in Assessable Value

April 5, 2018 5094 Views 0 comment Print

The present appeal is against the Order-in-Original No.26/2017 dated 28.09.2017. The appellant is a manufacturer of cement and clinker falling under chapter heading 2523 of the Central Excise Tariff. The Central Excise duty on the cement sold by the appellant was mostly discharged on MRP basis under Section 4A and partly by payment of Central Excise Duty on Transaction Value at Adv

No Service tax on Consideration received for sale of Developmental Rights

April 3, 2018 2118 Views 0 comment Print

Consideration received by the respondent is towards sale of Developmental Rights to the land and cannot be considered as commission for real estates agents services.

Service Tax on Passenger Service Fees & other taxes levied by Airlines

April 3, 2018 3201 Views 0 comment Print

The dispute in the present appeal is relating to their liability to pay Service Tax on Passenger Service Fees (PSF) and other taxes (international taxes) collected by the airlines as part of consideration when the tickets are issued to the passengers.

Classification under Central Excise Tariff needs to be made after perusing basic technical specifications of vehicles

March 28, 2018 1911 Views 0 comment Print

Man Trucks India Pvt. Ltd. Vs CCE (CESTAT Delhi) After perusing the catalogue of the vehicle, it is fairly obvious that such vehicles manufactured by the appellant are meant to carry loads and capable of off-loading but the same are not machines exclusively meant for off-road use. We have also perused the clarification obtained by […]

Cenvat credit eligible on Cement & steel bars used in structural foundation to support power plant

March 27, 2018 1863 Views 0 comment Print

The dispute is with reference to availability of Cenvat credit to the appellant in respect of cement and steel bars used in the structural foundation to support the power plant. The matter was earlier heard by the Single Member bench.

IIPM liable to pay service tax on courses conducted by it

March 20, 2018 1302 Views 0 comment Print

Since the training courses conducted by IIPM do not result in award of any certificate/ Diploma/ Degree or any other educational qualification recognized by the law being in force, the activity will fall under the category of Section 65 (105) (zzc) of the Act and is a taxable service liable to payment of Service Tax.

CENVAT Credit available on Construction Service commenced and provided before 1.4.2011

March 19, 2018 2241 Views 0 comment Print

M/s. Navin Fluorine International Ltd. Vs. CCE (CESTAT Delhi) It is clear that show cause proceedings were initiated only on the ground that the amended Cenvat Credit Rules excluded the construction services as eligible input service. The appellant took credit on 30.04.2011 whereas the amendment was carried on 1.4.2011. It is nobody’s case that the […]

Excise not leviable on scrap not emerging due to a process of manufacture

March 14, 2018 2769 Views 0 comment Print

Various goods on which the Revenue seeks to collect Excise duty are all, admittedly, products incidentally arising during the manufacture of finished goods on which in any case, the appellant is discharging duty. These scrap material are not emerging due to a process of manufacture. Hence, they do not qualify to be taxed for excise levy.

Clandestine removal cannot be proved by mere weighment slips or inculpatory statement of Director

March 12, 2018 1926 Views 0 comment Print

M/s S.R. Ingots Pvt. Ltd. Vs CCE & ST, (CESTAT Delhi) Revenue’s entire case for clandestine removal is based upon the recovery of certain weighment slips from the appellant’s factory during the course of the search. The appellants have taken a categorical stand that they were having the weighing bridge in their own premises also […]

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