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CESTAT Delhi

Classification under Central Excise Tariff needs to be made after perusing basic technical specifications of vehicles

March 28, 2018 1680 Views 0 comment Print

Man Trucks India Pvt. Ltd. Vs CCE (CESTAT Delhi) After perusing the catalogue of the vehicle, it is fairly obvious that such vehicles manufactured by the appellant are meant to carry loads and capable of off-loading but the same are not machines exclusively meant for off-road use. We have also perused the clarification obtained by […]

Cenvat credit eligible on Cement & steel bars used in structural foundation to support power plant

March 27, 2018 1743 Views 0 comment Print

The dispute is with reference to availability of Cenvat credit to the appellant in respect of cement and steel bars used in the structural foundation to support the power plant. The matter was earlier heard by the Single Member bench.

IIPM liable to pay service tax on courses conducted by it

March 20, 2018 1134 Views 0 comment Print

Since the training courses conducted by IIPM do not result in award of any certificate/ Diploma/ Degree or any other educational qualification recognized by the law being in force, the activity will fall under the category of Section 65 (105) (zzc) of the Act and is a taxable service liable to payment of Service Tax.

CENVAT Credit available on Construction Service commenced and provided before 1.4.2011

March 19, 2018 2025 Views 0 comment Print

M/s. Navin Fluorine International Ltd. Vs. CCE (CESTAT Delhi) It is clear that show cause proceedings were initiated only on the ground that the amended Cenvat Credit Rules excluded the construction services as eligible input service. The appellant took credit on 30.04.2011 whereas the amendment was carried on 1.4.2011. It is nobody’s case that the […]

Excise not leviable on scrap not emerging due to a process of manufacture

March 14, 2018 2607 Views 0 comment Print

Various goods on which the Revenue seeks to collect Excise duty are all, admittedly, products incidentally arising during the manufacture of finished goods on which in any case, the appellant is discharging duty. These scrap material are not emerging due to a process of manufacture. Hence, they do not qualify to be taxed for excise levy.

Clandestine removal cannot be proved by mere weighment slips or inculpatory statement of Director

March 12, 2018 1584 Views 0 comment Print

M/s S.R. Ingots Pvt. Ltd. Vs CCE & ST, (CESTAT Delhi) Revenue’s entire case for clandestine removal is based upon the recovery of certain weighment slips from the appellant’s factory during the course of the search. The appellants have taken a categorical stand that they were having the weighing bridge in their own premises also […]

Date of Cheque Presentation is date of payment of Service Tax

March 12, 2018 3072 Views 0 comment Print

There is demand of interest for the intervening period from the date of presentation of cheque till its realization. I find that as per Rule 6 (2A) of the Service Tax Rules, 1994, the date of presentation of cheque is the date of payment of Service tax. Same view has been taken by the Tribunal in the case of Travel Inn India Pvt. Ltd.

Service Tax not leviable on Packing services incident to Manufacturing of Goods

March 8, 2018 1869 Views 0 comment Print

M/s. Narain Packaging Vs. Commissioner of Service Tax (CESTAT Delhi) Admittedly, the packaging is subsequent to manufacture of paper by M/s. J K Paper Ltd. The appellants claim that they have contributed to the incidental activity of manufacture. We note that the appellants are engaged in packing activity in the premises of clients. The cut […]

Newly introduced service cannot be made taxable prior to the date of its introduction

March 8, 2018 861 Views 0 comment Print

There is no dispute that the activities of the appellant are squarely covered within the definition of “Public Relation Services”, which was made taxable w.e.f. 01.05.2006. The stand of the respondent is that a particular service which has been newly introduced cannot be made taxable prior to the date of its introduction.

Concept of unjust enrichment not applies on export of service

March 7, 2018 5187 Views 0 comment Print

M/s. Western Union Financial Services Inc. Vs. CST (CESTAT Delhi) Appellant is to the effect that for export of service, the concept of unjust enrichment itself will not apply. To support this contention, they relied on various decided cases. The Tribunal in Pulcra Chemicals (India) Pvt. Ltd. (supra), Wienerberger Brick Industries Pvt. Ltd. (supra), Vodafone Cellular Ltd. […]

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