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CESTAT Hyderabad

Certificate of CA or Bank sufficient to establish Linkage between FIRC & Export Invoice

November 4, 2020 7929 Views 0 comment Print

The issue under consideration is whether the export proceeds realised even before the invoices were issued are against exported services since FIRCs are also not show the invoice numbers?

No Service Tax on construction of residential complex prior to 01.06.2010

June 10, 2020 2220 Views 0 comment Print

The issue under consideration is whether service tax will be levied on promoters/builders/developers prior to 01.06.2010 in respect of the construction of the residential complex?

No ST on brokerage from overseas reinsurance even if amount received in Rupees

June 10, 2020 2214 Views 0 comment Print

The issue under consideration is whether the contention if the appellant is correct that they are not liable to pay service tax on brokerage received from overseas reinsurance on the ground that the service falls under the category of export of service?

FOB price cannot be treated as cum duty price for export duty calculation

March 18, 2020 13593 Views 0 comment Print

Transaction value i.e. FOB price cannot be treated as cum duty price under section 14 of Customs Act, 1962 for the purpose of calculation of export duty.

No Cenvat Credit denial for Clerical Error in mentioning Vehicle Number

March 18, 2020 1368 Views 0 comment Print

Cubex Tubings Ltd. Vs Commissioner of Customs, Central Excise Central Excise and Service Tax (CESTAT Hyderabad) The issue in dispute is whether the appellant assessee is entitled to CENVAT Credit on the disputed eight invoices or otherwise. It is the case of the Revenue that no material was received by the appellant against these invoices […]

Goods Manufactured for use by other Manufacturers cannot be subjected to Excise U/s. 4A

February 19, 2020 1344 Views 0 comment Print

T.M. Tyres Limited Vs Commissioner of Central Excise (CESTAT Hyderabad) It is an admitted fact on record that the appellant is engaged in the manufacture of Butyl rubber inner tubes and such product by itself is separately identifiable and is a distinct Marketable product. It cannot be said that the product manufactured by the appellant […]

Services rendered by appellant in J&K were exempted services

January 21, 2020 2058 Views 0 comment Print

ECIL Rapiscan Ltd. Vs Commissioner of Central Excise (CESTAT Hyderabad) In view of the above, we find that this is a fit case to be remanded to the original authority to re-determine the amount of cenvat credit which needs to be disallowed, the interest thereon and the appropriate penalty as follows: (i) while computing the […]

Customs: No penalty U/s. 112(a) on goods not liable for confiscation U/s. 111

November 20, 2019 8199 Views 0 comment Print

The short point to be decided is whether the consignment MFD copiers imported prior to 05.06.2012 when the restriction was imposed upon them are liable to confiscation under section 111(d) for violation of Foreign Trade Policy.

Notification No. 41/2007-ST not provides straightaway exemption

November 19, 2019 1632 Views 0 comment Print

Oren Hydrocarbons Pvt Ltd Vs Commissioner of Customs, Central Excise & Service Tax (CESTAT Hyderabad) Exemption notification No. 41/2007-ST, we find that this notification exempts services which are used for export of goods. The words used are NOT “used in relation to export of goods”. In this case, GTA services were availed for transporting goods […]

EOU entitled to Cenvat Credit Refund in respect of goods sold to SEZ units

November 18, 2019 1032 Views 0 comment Print

Observing that the definition of DTA under SEZ Act includes everything located outside SEZs, CESTAT Hyderabad has held that 100% EOU located outside SEZ, constitutes DTA as far as SEZ Act is concerned. It also observed that Section 51 of the SEZ Act makes it clear that this Act prevails over any other law. The Tribunal held that the appellant (EOU) is entitled to refund of Cenvat Credit under Cenvat Rule 5 in respect of the goods which they had sold to SEZ units. CESTAT Chennai Order in case of Orbis India (P) Ltd. was relied on.

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