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CESTAT Delhi

Simultaneous classification of services under two heads and demanding service tax thereon is unjustified

March 20, 2023 1461 Views 0 comment Print

CESTAT Delhi held that once the department has accepted that the services of appellant is classified under ‘mining services’, it cannot, simultaneously, classify the same under ‘Technical Testing and Analysis’ and demand service tax thereon.

Unjust enrichment not attracted to deposit during investigation or to pre-deposit for appeal

March 13, 2023 1836 Views 0 comment Print

Apex Court held that unjust enrichment not attracted where amount is deposited during investigation and pendency of appeal, as such deposits are under protest or in the nature of pre-deposit.

Services of advertisement in print-media is exempt from service tax u/s 66D(g)

March 11, 2023 6219 Views 0 comment Print

CESTAT Delhi held that services of advertisement in print-media is exempt in terms of negative list of services under section 66D(g) of the Finance Act, 1994. Accordingly, service tax not leviable on the services of advertisement in print-media.

Builder entitled to service tax credit/refund on cancellation of bookings

March 8, 2023 1554 Views 0 comment Print

Ratnawat Infra Construction Company LLP Vs Commissioner, Central Excise & CGST (CESTAT Delhi) Situation which arises in this particular type of business of developing real estate, the CBIC have considered and have clarified that the developer/builder is entitled to service tax credit on cancellation of bookings, wherein the builder have refunded the amount of booking […]

Manual plastic scrap segregation from rest of scrap not amounts to manufacture or production

March 6, 2023 918 Views 0 comment Print

CESTAT Delhi held that mere manual segregation of plastic scrap from the rest of the scrap is neither manufacturing nor producing the plastic scrap and hence no central excise duty is chargeable on removal of the same.

Assistant Commissioner is necessarily required to implement decision of Tribunal

March 6, 2023 1368 Views 0 comment Print

CESTAT Delhi held that to maintain judicial discipline, the Assistant Commissioner had necessarily to implement the decision of the Tribunal. Denial of refund pursuant thereto is unjustifiable.

SAD exemption under notification no. 21/2012-Cus not available on import of parts of articles of jewellery

March 6, 2023 804 Views 0 comment Print

CESTAT Delhi held that exemption from special additional duty (SAD) of customs under the Notification No. 21/2012-CUS dated 17.03.2012 is not available on import of parts of articles of jewellery.

Penalty u/s 25 of CER 2002 not imposable on mere statements without supportive evidences

March 6, 2023 609 Views 0 comment Print

CESTAT Delhi held that imposition of penalty under rule 25 of CER 2002 merely on the basis of statements without supporting evidences is untenable in law.

Towers, shelter and parts thereof are eligible for CENVAT Credit under capital goods

March 6, 2023 1440 Views 0 comment Print

CESTAT Delhi held that towers, shelter and parts thereof are ‘capital goods’ accordingly entitled to avail Cenvat Credit under Capital Goods.

Buyer of goods not obliged to investigate manufacturing process of supplier

March 3, 2023 624 Views 0 comment Print

CESTAT Delhi held that CCR, or the Central Excise Rules or the Act places an obligation on the buyer of the goods to investigate that whether the process undertaken by the supplier amounts to manufacture or not and determine the duty thereon.

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