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CESTAT Delhi

Customs Duty Exemption cannot be denied for procedural lapse

November 24, 2022 1338 Views 0 comment Print

M J Gold Pvt Ltd Vs Principal Commissioner of Customs (Import) (CESTAT Delhi) Admittedly, the Customs Authority while verifying the origin of goods had issued a questionnaire and denied the benefit on the ground that the complete questionnaire was not answered by the appellant creating a doubt about the Country of origin Certificate. The perusal […]

Penalty u/s 144AA unsustainable as no evidences showing knowledge of fraud to appellant

November 23, 2022 1308 Views 0 comment Print

CESTAT Delhi held that Penalty under section 114AA is imposable only if knowingly or intentionally a false declaration, statement or document is made, signed or used. As there are no evidences that appellant knew of the fraud/ forged licences, penalty u/s 114AA cannot be sustained.

No service tax on amount received as facility charges for electricity expenses

November 23, 2022 834 Views 0 comment Print

Nai Dunia Media Pvt. Ltd. Vs Commissioner of Central Goods & Service Tax and Central Excise (CESTAT Delhi) Appellant urges that there is no dispute about the fact that the appellant have shared the electricity received from MPEB with Web Dunia, PPPL and others on proportionate (reimbursement) basis. Admittedly, the appellant has not generated electricity. […]

Lower IGST rate benefit available to fire sprinklers

November 22, 2022 1338 Views 0 comment Print

CESTAT Delhi held that sprinklers are not included in the description of goods contained at Serial No. 325 of the notification dated 28.06.2017 chargeable to 18%, whereas, serial No. 195B of the notification does not restrict the sprinklers to any category and hence benefit of lower IGST rate of 12% available to fire sprinklers.

Proportionate credits of input services are distributable to contract manufacturing units

November 21, 2022 330 Views 0 comment Print

CESTAT Delhi held that M/s. Parle Biscuits Pvt. Ltd. can distribute credits on input services attributable to the final product on a pro rata basis proportionate to the turnover between the manufacturing plants of Parle and its contract manufacturing units

Service of construction of school/ hospital building to Charitable Institutions/ trust is exempt from service tax

November 21, 2022 9444 Views 0 comment Print

CESTAT Delhi held that services relating to construction of school building or hospital building to a charitable institutions/ trust registered u/s. 12AA of the Income Tax Act is exempt under service tax vide clause 2(k) of notification no. 25/2012-ST.

Appeal cannot be dismissed for mere withdrawal of SVLDRS Application

November 17, 2022 906 Views 0 comment Print

Icon Industries Vs Commissioner, CGST (CESTAT Delhi) Sabka Vishwas (Legacy Dispute Resolution) Scheme (SVLDRS) was introduced by way of Finance (No. 2) Act, 2019 by the Central Government. The main objective of the scheme is to provide for the settlement of pending disputes related to indirect taxes. The Appellant although applied under the said scheme […]

CESTAT Allows Refund of unutilized cenvat credit of EC. & SHEC on 30/06/2017

November 16, 2022 561 Views 0 comment Print

CESTAT find that, had the appellant not utilized the Cenvat credit of EC & SHEC for payment of output tax/duty in December 2016, the same would have become refundable as on 30/06/2017.

Policy Administration Charges leviable to service tax w.e.f. 01.05.2011

November 15, 2022 879 Views 0 comment Print

CESTAT Delhi held that Policy Administration Charges is leviable to service tax with effect from 01.05.2011 via amendment to definition under section 65(105)(zx) of the Finance Act, wherein, the words ‘by an insurer including re-insurer carrying on life insurance business’ are substituted.

Principal manufacturer allowed to distribute cenvat of service tax to Contract Manufacturing Unit

November 14, 2022 753 Views 0 comment Print

CESTAT Delhi held that in terms of the provisions of Rule 2(m) and Rule 7 of the CENVAT Rules, before 01.04.2016, the Principal Manufacturer as an Input Service Distributor is facilitated to distribute cenvat credit in respect of service tax paid on the input services to its Contract Manufacturing Unit working on job work basis.

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