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CESTAT Mumbai

Cenvat Credit Rejection Requires Consideration of Evidences, Not Assumptions

June 21, 2023 264 Views 0 comment Print

Explore CESTAT Mumbai judgement in Astoria Agro & Allied Inds Pvt Ltd Vs Commissioner of CGST, underlining importance of evidence consideration in rejecting Cenvat Credit claims

Utilization of CENVAT Credit within same entity does not cause loss to Exchequer

June 21, 2023 468 Views 0 comment Print

CESTAT held that the utilization of credit by any unit within the same entity would not cause any loss to the Exchequer. This is because the credit disallowed to one unit is proportionally made available to the second unit. From a company’s perspective, the net credit availed and utilized remains unchanged.

Provision of service by commission agent to foreign principals is export of service

June 21, 2023 1632 Views 0 comment Print

CESTAT Mumbai held that services provided by appellant (Commission agent) to their foreign principals is ‘export of service’ as contemplated under rule 3 of the 2005 Export Rules.

Mere sending of Order by registered post not amounts to valid service

June 21, 2023 1173 Views 0 comment Print

CESTAT Mumbai in Metro Fashions vs Commissioner of Customs, held that mere sending of Order-in-Original by registered post was not deemed to be valid communication, impacting the limitation period for an appeal.

Refund of service tax allowed to real estate buyers on cancellation of contract

June 15, 2023 2130 Views 0 comment Print

CESTAT, Mumbai granted a refund claim for service tax to a real estate developer on behalf of an unregistered customer. The customer had paid the service tax along with an advance payment but, due to certain circumstances, the real estate purchase contract was subsequently cancelled.

Appeal filed is abated post approval of resolution plan by NCLT

June 15, 2023 1164 Views 0 comment Print

CESTAT Mumbai held that from the date of approval of the resolution plan by the NCLT, the appeal filed by the applicant has abated and CESTAT has become functus officio in the matters relating to this appeal

Demand unsustainable under Business Support Services in absence of outsourced services

June 14, 2023 753 Views 0 comment Print

CESTAT Mumbai held that as appellant had not outsourced services to the overseas entity, it cannot be said that services provided by overseas entity should be taxed under Business Support Service.

CESTAT quashes order as it lacked reasoning or findings to support its conclusion

June 3, 2023 1638 Views 0 comment Print

Analysis of CESTAT Mumbai case – Commissioner’s order lacking reasoning set aside, violating justice principles. Learn the details, issues, and the remand decision.

Supplies to Merchant Exporters not includible for SSI Exemption calculation

June 3, 2023 531 Views 0 comment Print

Universal Packaging Vs Commissioner of Central Excise (CESTAT Mumbai) The legality of availing Small Scale Industries (SSI) exemption without including the value of supplies to Merchant Exporters has been challenged in four appeals. The appellant, a manufacturer of Corrugated Carton Boxes, had availed the SSI exemption under Notification No. 8/2003. However, periodic show-cause notices were […]

CENVAT Credit of Insurance & consultancy services related to manufacturing allowed

May 31, 2023 363 Views 0 comment Print

CESTAT allows CENVAT Credit to a sugar and molasses manufacturer for insurance and consultancy services

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