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CESTAT Delhi

Service Tax not leviable on Participation in promotion of brand name under BAS

June 18, 2018 942 Views 0 comment Print

Narmada Drinks Pvt. Ltd Vs C.C.E. & S.T. (CESTAT Delhi) It is well known that the bottlers receive concentrate from the brand owners such as M/s Coca Cola, manufacture aerated products there from and sell the same. Para 6.2 of the relevant show cause notice alleges that the amounts have been received from the brand […]

Cenvat credit allowable on Transportation of Samples by Courier

June 14, 2018 660 Views 0 comment Print

M/s Poddar Pigments Ltd. Vs CCE, Jaipur (CESTAT Delhi) Courier services stand utilised by the appellant for sending the samples to their prospective buyers and for procuring orders from them. Ld. Advocate also explains that they are not charging their buyers for the said samples, though duty is being paid by them on the deemed […]

Mere Removal of MRP Stickers not amounts to Manufacture to impose excise duty

June 13, 2018 2118 Views 0 comment Print

CCE & GST Vs M/s Amar Lal Bhawani (CESTAT Delhi) Admittedly, the provisions of Section 2(f)(iii) provides deemed manufacture definition only when the goods are labelled or relabelled or MRP is altered, which itself establishes the fact of a fixation of MRP on the goods. In the absence of any allegation of fixation or alteration […]

CESTAT on inclusion of value of cotton and waste, for determining entitlement for DTA clearance

June 7, 2018 564 Views 0 comment Print

The SCN dated 01.12.2006 had also proposed demand of duty on the cotton waste which stands cleared by the appellant in the DTA. The SCN also proposed including the value of such cotton waste for re-determining the DTA entitlement. But the adjudicating authority dropped the demand of duty on cotton waste. Against such finding, Revenue is in appeal before us.

Service Tax not leviable on Taxes/Toll collected-on behalf of Government

June 6, 2018 5346 Views 0 comment Print

The present appeal challenges the Order-in-Original No. 63/2013- 14 dated 02/09/2013 and covers the period of dispute April, 2007 to March, 2012. The appellant is engaged as a contractor on behalf of the Government Departments to collect sales tax, royalty and toll tax. The appellant participated in the bids floated by National Highways Authorities of India (NHAI)

Service Tax not leviable on Amount reimbursed by client on Actual basis

June 2, 2018 354 Views 0 comment Print

S.K. Mohanty, Judicial Member –This appeal is directed against the impugned order dated 21/07/2011 passed by the Commissioner (Appeals), Service Tax, New Delhi

Right to avail Cenvat credit at the time of coming out of exemption scheme cannot be curtailed

June 1, 2018 543 Views 0 comment Print

By adopting the principles of harmonious construction and interpretation of rule, I hold that the appellant right to avail the credit at the time of coming out of the exemption scheme cannot be curtailed down by adopting Rule 4(1) of the Cenvat Credit Rules.

Cenvat Credit Rules can’t curtail Assessee’s entitlement to avail credit of inputs lying in stock as on the date of crossing the exemption limit

June 1, 2018 909 Views 0 comment Print

In such a scenario, by adopting the principles of harmonious construction and interpretation of rule, I hold that the appellant right to avail the credit at the time of coming out of the exemption scheme cannot be curtailed down by adopting Rule 4(1) of the Cenvat Credit Rules.

For the period up to 31/05/2007, No service tax payable in respect of composite construction works contracts

May 29, 2018 783 Views 0 comment Print

Ganesh Narayan Sharma Vs C.C.E. & S.T. (CESTAT Delhi) I. The construction works executed by the appellant were rendered under composite contracts which involved both rendering of service as well as supply of goods and hence such contracts are in the nature of works contracts. The Hon’ble Supreme Court in the case of Larsen & […]

Custom Broker Licence cannot be refused merely for penalization U/s. 114 of Customs Act, 1962

May 15, 2018 1230 Views 0 comment Print

The appellant has a Custom Broker Licence. The Commissioner of Customs, Jodhpur by issue of the impugned order, rejected the application dated 26.02.2015 filed for renewal of their Customs Broker Licence.

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