Held that since Cess on Paper is not a duty of excise the provisions of Section 11B of the Central Excise Act would not apply
CESTAT held that Cenvat credit of Service Tax paid on the insurance premium on the insurance policies taken for the employees of the Appellant which is covered under the Employees State Insurance Act. 1948 as well as the Factories Act, 1948 are eligible for Cenvat credit as per Rule 2(l) of the Cenvat credit Rules, 2004.
It is a settled legal position that charge of clandestine clearance of goods is a serious charge & cannot be made on presumptions & assumptions
S.K. Kanjilal Vs Commissioner of Customs (Airport & Administration) (CESTAT Kolkata) When the Revenue alleges violation, connivance, knowledge and intent, it is for the Revenue to justify its allegations by furnishing supporting documents and it cannot ask the Appellant to disprove its allegations. From the records, we do not find answers to the appellant’s contention […]
National Building Construction Corporation Limited Vs Commissioner of Central Excise (CESTAT Kolkata) Since the scope of contract included supply of goods, the same cannot be classified under the above service category of Commercial or Industrial Construction but under ‘Works Contract service’ which classification has not been invoked in the SCN proceedings. FULL TEXT OF THE […]
Held that longer period of limitation cannot be invoked on the ground that no specific instance of suppression of facts was proved against the assessee.
Currency was attempted to the exported and was brought within the limits of customs area contrary to the restrictions and prohibitions imposed by the Customs Act or any other law for time being in force, is liable for confiscation.
Taxable category Erection, Commissioning and Installation Services could only cover pure service contracts within its fold.
Visa Resources India Limited Vs Commissioner of CGST (CESTAT Kolkata) As per clause (f) of Rule 9 of Cenvat Credit Rules, 2004, an invoice issued by a provider of input service is a valid document for availment of Cenvat credit. In the present case of the Appellant, the heading of the document as seen from […]
CESTAT hold that the credit on GTA services from the place of removal upto 1.4.2008 was rightly admissible to the Appellant.