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CESTAT Hyderabad

Freight charges for delivering goods upto buyers’ premises is not includible in assessable value

February 13, 2023 2811 Views 0 comment Print

CESTAT Hyderabad held that freight charges for delivering goods to the buyers premises is not includible while assessing the value for the purpose of payment of central excise duty.

Exemption under Notification No.12/2012-CE also applicable to Sub-Contractors

November 6, 2022 909 Views 0 comment Print

CESTAT held that exemption under Notification No.12/2012-CE is available to sub­-contractor who supplied the goods to the main contractor who has been awarded contract/ work order under ICB.

Export obligation discharge certificate (EODC) – CESTAT allows extended period to fulfill export obligation

October 24, 2022 2346 Views 0 comment Print

IND Synergy Ltd Vs Commissioner of Customs (CESTAT Hyderabad) This   appeal has been filed by M/s IND Synergy Ltd., (Raipur) assailing the order-in-original dated 31.07.2020 passed by the Principal Commissioner of Customs Visakhapatnam, the operative part of which is as follows: (a) “I deny the benefit of Notification No. 097/2004-Customs dated 17.09.2004 to the capital […]

Micronutrients are classifiable under chapter heading 3105

October 19, 2022 1389 Views 0 comment Print

CESTAT Hyderabad held that classifying micronutrients manufactured by the appellant, as plant growth regulators, under Chapter heading 38089304 instead of Chapter heading 3105 is unsustainable

No limitation on claim of service tax refund under transitional GST provisions

October 18, 2022 1551 Views 0 comment Print

OSI Systems Pvt Ltd Vs Commissioner of Central Tax (CESTAT Hyderabad) The brief facts are that the appellant was an assessee under the service tax regime and they migrated to GST regime and they also filed TRAN-1 for taking forward the credit which was lying in their Cenvat credit register. Subsequently, it was pointed out […]

CENVAT of service tax paid on premium for medical insurance of employees is eligible

October 17, 2022 2370 Views 0 comment Print

CESTAT Hyderabad held that CENVAT Credit of service tax paid on premium for medical insurance of employees and their families is eligible.

No service tax on printing of advertisement content on PVC Material as it amounted to ‘Manufacture’

October 16, 2022 2988 Views 0 comment Print

There would be difference if a person was engaged in proving any service connected with the making or preparation of the advertisement and a case where a person merely complied with the instruction of the clients for printing the contents supplied by the client thus, the activity of printing of advertisement content on PVC materials amounted to “manufacture”, and therefore, service tax was not leviable.

Confiscation of already exported goods not possible: CESTAT Hyderabad

October 16, 2022 1440 Views 0 comment Print

CESTAT Hyderabad held that confiscation of already exported goods not possible under section 113 of the Customs Act because once the goods are exported, Indian Customs has no control over the goods and therefore, they cannot be confiscated.

Refund of unutilized Cenvat of inputs available under Cenvat Credit Rule 5

October 14, 2022 648 Views 0 comment Print

ITAT Hyderabad held that Cenvat credit of inputs used in manufacture of goods exported under bond from a Domestic Tariff Area (DTA) to a Special Economic Zone (SEZ) unit is available as refund under rule 5 of Cenvat Credit Rules, 2004.

Limitation period invocable only when there is intention to evade tax

October 13, 2022 1047 Views 0 comment Print

CESTAT Hyderabad held that extended period of limitation can be invoked only when there is willful suppression of facts with an intention to evade payment of service tax.

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