Sponsored
    Follow Us:

CESTAT Delhi

No penalty for import of drugs and cosmetics if competent authority issued NOC for release goods after inspection

March 14, 2022 2007 Views 0 comment Print

Beverly Hills Marketing Pvt. Ltd. Vs Commissioner of Customs (CESTAT Delhi) After considering written submission of the appellant, the Adjudicating Authority vide impugned order has held that the appellant had attempted to clear goods imported vide Bill of Entry No. 6374054 dt. 14.05.2018 through non-notified ICD/ Port in violations of the provisions contained in Rule […]

Central Excise Act, 1944- Purchase & Sale includes transfer between two sister units

March 12, 2022 2592 Views 0 comment Print

Hindustan Coca Cola Beverages Pvt Ltd. Vs Commissioner, Central Excise & GST (CESTAT Delhi) Learned Counsel for the appellant has mentioned that they had purchased a generator set in the year 2004 which was used by them at their Jaipur plant. After 12 years of its use, since the Jaipur plant got closed that the said […]

Section 65(105)(zzza): Works contract service not include Electric winding of motor

March 11, 2022 1791 Views 0 comment Print

Sahni Electric Works Vs Commissioner of Service Tax (CESTAT Delhi) Undisputedly Electric motor winding job required both winding of the motors and also using the materials required for such service. Thus, it was a composite works contract which involved both rendering service and supplying material. The Revenue also does not dispute that it is a […]

CESTAT upheld validity of Issue of two SCNs for the same Period

March 6, 2022 10797 Views 0 comment Print

Varun Beverages Limited Vs Commissioner of Central Excise & Service Tax (CESTAT Delhi) The preliminary objection by the appellant is that a show cause notice (SCN) dated 10 February 2016 was issued by the Department demanding duty short paid by irregularly availing exemption under Notification No. 1/2011-CE along with interest and penalty. The present show […]

CESTAT explains related person & inter-connected undertakings for Central Excise Valuation rules

March 6, 2022 3156 Views 0 comment Print

Khyati Ispat Private Limited Vs Principal Commissioner (CESTAT Delhi) The facts of the case, in brief, are that M/s Khyati Ispat Pvt. Ltd., Raipur3, is a private limited company engaged in manufacture of Iron and Steel products, such as, angles, channels & joists falling under Chapter 72 of Schedule II to the Central Excise Tariff […]

CESTAT allows Refund of CVD/SAD as such credit is no available under GST

March 6, 2022 3225 Views 0 comment Print

Mithila Drugs Pvt. Ltd. Vs. Commissioner, Central Goods and  Service Tax,(CESTAT Delhi) CESTAT finds that the payment of CVD and SAD subsequently during GST regime, for the imports made prior to 30.06.2017 is not disputed under the advance authorisation scheme. It is also not disputed that the appellant have paid the CVD and SAD in […]

Service tax not payable on hypothetical calculation without actual consideration

March 5, 2022 1158 Views 0 comment Print

The Vardhman Developers Vs Commissioner, Central Goods and Service Tax (CESTAT Delhi)  We take notice that service tax law was revamped w.e.f. 01.07.2012 by bringing in various changes. We also take notice of the TRU/CBEC letter dt. 20.02.2010 regarding the scope of valuation of taxable amount in respect of residential complex service, which was introduced […]

Amount deposited against alleged wrong Cenvat Credit availment refundable if No SCN was issued

March 4, 2022 1827 Views 0 comment Print

Bird Audio Electronics Vs Commissioner of CGS (CESTAT Delhi) CBEC Circular No.423/56/98-CX dated 22.09.1998 also stresses the need for concerned Departments to issue timely demands through SCN. The Hon’ble High Court of Madras in the case of Commissioner of Central Excise, Coimbatore vs. Pricol Ltd. reported as 2015 (320) ELT 703 (Mad.) has held that […]

CESTAT allows Refund of Service Tax paid on Liquor License fee to Rajasthan Govt

February 28, 2022 1140 Views 0 comment Print

Rambagh Palace Hotel Pvt. Ltd. Vs Commissioner, Central Excise (CESTAT Delhi) Present appeal has been filed to assail the Order-in-Appeal No. 215/2021 dated 25th June, 2021. The facts relevant for the impugned appeal are as follows:- That M/s. Rambagh Palace Hotel Pvt. Ltd. i.e. the appellant are engaged in providing different services relating to hotel […]

Fake Invoices: CENVAT Credit not allowable

February 25, 2022 1437 Views 0 comment Print

Commissioner, Central Excise & CGST Vs Prem Jain Ispat Udyog Pvt. Ltd. (CESTAT Delhi) Under rule 4(1) of the Credit Rules, CENVAT credit of inputs to be used in the manufacture of final product is allowable to the manufacturer only on receipt of the goods along with invoices in the factory of manufacturer. Rule 4(5) […]

Sponsored
Sponsored
Search Post by Date
February 2025
M T W T F S S
 12
3456789
10111213141516
17181920212223
2425262728