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CESTAT Delhi

Spent Acid is not an exempted good so Rule 6(3) of CENVAT Credit Rules, 2004 not applicable

April 17, 2022 729 Views 0 comment Print

M/s IPF Vikram Sulphonation Limited Vs Commissioner of CGST, Central Excise (CESTAT Delhi) The case of the Revenue is that the Spent Acid is an exempted goods, therefore, they are liable to pay an amount of equivalent 6% of the value of such Spent Acid in terms of Rule 6(3) of the CENVAT Credit Rules, […]

CESTAT allows Refund of Penalty

April 17, 2022 1314 Views 0 comment Print

Rajasthan Financial Corporation Vs Commissioner of CGST (CESTAT Delhi) Learned Commissioner (Appeals) had failed to appreciate the facts of the case as it is a case of refund of penalty paid by the appellant where he has considered that it is a case of refund of duty. As facts of the case are crystal clear […]

Central Excise duty not leviable on CO2 manufactured during beer manufacturing process

April 15, 2022 2415 Views 0 comment Print

Explore the CESTAT Delhi ruling in Anheuser Busch InBev India vs. Commissioner. Learn about excisability, duty, and Notification No.67/95 implications.

Loading & Transportation of coal Service cannot be classified as ‘mining services’

April 13, 2022 2754 Views 0 comment Print

Commissioner of Service Tax Vs N.P. Earth Movers Pvt. Ltd.(CESTAT Delhi) The records indicate that M/s Western Coalfield Ltd. had awarded a contract to the respondent for loading and transfer of coal from one place to another in the licensed area of its mines situated at Wani and Majri and it was noticed by the department […]

No Service Tax on Maintenance deposit collected by builder & Transferred to society on formation without utilisation

April 13, 2022 3606 Views 0 comment Print

Commissioner, CGST & Central Excise Vs Manglam Build Developers Ltd. (CESTAT Delhi) We find that the appeal is filed by the Revenue under the wrong assumption that the maintenance deposit taken by the respondent from the buyers is to be utilized for maintenance of the complexes and any unutilized amount will be transferred to the […]

Service Tax not payable on Toll Collection on behalf of NHAI

April 13, 2022 2556 Views 0 comment Print

Sitaram India Ltd. Vs Commissioner CE & CGST Division-E (CESTAT Delhi) It is observed that activity of collecting toll is covered under the negative list of services. The Appellant has been provided with the Fee Collection Rights i.e., the right to collect toll tax and not to provide any service on behalf of NHAI. Further, […]

CBIC Policy decision cannot run contrary to Court Judgment to Deny Refund of Cess

April 11, 2022 2265 Views 0 comment Print

Nu Vista Limited Vs Commissioner (Appeals) CGST, Central Excise (CESTAT Delhi) It is not in dispute that prior to 01.03.2015 cess was leviable on manufactured goods, in addition to excise duty and the appellant had availed credit under the provisions of the Credit Rules on cess paid on procurement of goods and services. It is […]

Cenvat credit on outward transport eligible if place of removal is premises of the buyer

April 10, 2022 2382 Views 0 comment Print

Shree Rajasthan Syntex Ltd. Vs Commissioner, Central Goods and Service Tax (CESTAT Delhi) The appellant have admittedly made sales on FoR destination basis. Further, it is the appellant who have borne the incidence of freight and has paid the service tax on the same. I further hold that the place of removal is the premises […]

Cenvat credit of service tax not eligible on ‘rent-a-cab’ service

April 10, 2022 1071 Views 0 comment Print

Kriti Industries (India) Ltd. Vs Commissioner, Customs, Central Goods Service Tax & Central Excise (CESTAT Delhi) While confirming a demand in relation to availment of cenvat credit of service tax paid on ‘rent-a-cab’ service, the CESTAT, Delhi bench has held that since the availment was without malafide intention, the penalty on the appellant shall be deleted. The […]

Illegal Non-Basmati Rice Export: CESTAT reduces Penalty to Rs. 4 Lakhs

April 10, 2022 984 Views 0 comment Print

Rakesh Dhamir Vs Commissioner of Customs (CESTAT Delhi) Learned Commissioner (Appeals) recording the finding that the appellant had evidently involved himself in the illegal export of non-basmati rice and have also admitted his role in so many words in his various statement recorded, and also have explained the details of modes operandi. Accordingly, the appeal […]

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