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CESTAT Hyderabad

No bar in cross utilisation of Cenvat credit for payment of Central Excise duty or service tax

April 17, 2023 1113 Views 0 comment Print

Lupin Limited Vs Commissioner of Central Tax & Customs (Appeal) (CESTAT Hyderabad) HC held that the appellant have rightly taken credit in view of Rule 2(l) of CCR which entitles a manufacturer to claim Cenvat credit on input services utilise in manufacture of dutiable taxable goods. HC  further hold that there is no bar in […]

Service tax leviable only if service provider provides lease services and is also a Telegraph Authority

April 1, 2023 570 Views 0 comment Print

CESTAT Hyderabad held that service tax is leviable only if service provider provides lease services and is also a Telegraph Authority as defined under Indian Telegraph Act, 1885. Both conditions needs to be satisfied, for levy of service tax.

Heading covering specific description is to be preferred over heading covering general description

March 29, 2023 1419 Views 0 comment Print

CESTAT Hyderabad held that as per Rule 3 of General Rules of Interpretation specific description is to be preferred over a general description. Accordingly, CTH 9027 is more specific for instrument – I Stat System along with cartridges, etc. than CTH 9018.

Procedural lapse in Rule 7 of CCR, 2004 cannot be ground to deny substantial benefits of cenvat credit

March 6, 2023 1704 Views 0 comment Print

CESTAT Hyderabad held that rule 7 of Cenvat Credit Rules, 2004 is just a procedure and procedural lapse cannot be ground to deny the substantial benefit of Cenvat Credit.

Freight for delivering goods to buyer premises not includible in assessable value

February 19, 2023 1170 Views 0 comment Print

CESTAT Hyderabad held that value of freight charged for delivering goods to buyers premises is not includible in the assessable value for the purpose of payment of central excise duty.

Service tax on execution of work of awarded tenders by appointing sub-contractor

February 17, 2023 552 Views 0 comment Print

Sushee Infra Pvt Ltd Vs Commissioner of Central Tax (CESTAT Hyderabad) We observe that the arrangement herein is that the appellant being a service provider for services as that of site formation, mining etc. were being awarded the tenders floated by various Government departments for receiving the aforesaid activities. Apparently and admittedly in such scenario […]

Coaching for competitive exams is taxable service under Finance Act, 1994

February 13, 2023 1794 Views 0 comment Print

CESTAT Hyderabad held that imparting of coaching for competitive examinations such as IIT-JEE, AIEEE etc is a taxable service in terms of Section 65(26) of Finance Act 1994.

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

February 13, 2023 2271 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 567 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 2049 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 […]

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