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CESTAT Mumbai

No excise duty on generation of aluminium dross & skimming of aluminium castings/parts of motor vehicles

November 21, 2021 1242 Views 0 comment Print

Tata Motors Limited Vs Commissioner of Central Excise (CESTAT Mumbai) Conclusion: Excise duty shall not be imposed on the generation of aluminum dross and skimming in the manufacture of aluminum castings/parts of motor vehicles. Held: The issue arose for consideration was whether the aluminum dross and skimming arising out of the manufacture of aluminum motor […]

Excise Duty not payable by Job Worker on work undertaken which forms part of manufacturing process

October 25, 2021 1029 Views 0 comment Print

Mechasoft Vs Commissioner of C.G.ST. (CESTAT Mumbai) Notification No. 214/86-CE (NT) though was effective from April 1996 has been amended extensively vide Notification No. 49/2002 dated 16.09.2002 so as to make the manufacturer accountable for discharging his obligation in respect of goods under Rule 6 of the Cenvat Credit Rules, 2002. As such when the […]

Statutory right to appeal cannot be defeated by drawing a presumption about service of order

September 26, 2021 1632 Views 0 comment Print

Sunbright Cement Agencies Pvt Ltd. Vs. Commissioner (Appeals) (CESTAT Mumbai) What is important to note is that even the initial period of three months provided for in sub-section (3) of section 85 of the Finance Act for presenting an appeal begins to run from the date of receipt of the order. The order was received […]

Service Tax not leviable on discounts offered by car manufacturers to their dealers for onward transmission to corporate customers

September 14, 2021 3531 Views 0 comment Print

Autobahn Enterprises Pvt Ltd Vs Commissioner of Service Tax (CESTAT Mumbai) Service Tax not leviable on discounts offered by car manufacturers to their dealers for onward transmission to corporate customers Autobahn Enterprises Pvt. Ltd. (Appellant) was an authorized dealer of M/s Skoda Auto India Pvt Ltd. and in accordance with their agreements, the  Appellant  was […]

CESTAT reduces Bank Guarantee amount & order provisional release of goods

September 12, 2021 756 Views 0 comment Print

Nathi Mal Rugan Mal Vs Commissioner of Customs (CESTAT Mumbai) The appellants claim that they have cooperated with the investigation and have deposited Rs. 70,00,000 (Rupees Seventy Lakhs only) towards the duty liability, if any, that may arise on the past imports after completion of investigation; in respect of the impugned goods also they have […]

Refund of Service Tax paid under RCM allowed post implementation of GST

September 8, 2021 8592 Views 0 comment Print

The Appellant failing to pay its Service Tax Liability under RCM in a stipulated time but shown as liability in the Service tax Return under the Finance Act, 1994, which was repealed and was replaced by the Goods and Services Tax

No cenvat reversal for loss of inputs/packing material in fire

September 1, 2021 2958 Views 0 comment Print

Cipy Polyurethanes Pvt. Ltd. Vs Commissioner of Central Excise (CESTAT Mumbai) The decision of Hon’ble Apex Court in the case of BPL Display Devices Ltd [2004 (174) ELT 5 (SC)] clearly lays down that once the goods are procured for an intended use, then the benefit available and availed by them should not be denied […]

Service tax payable on receipts from insurance companies operating at premises of motor vehicle dealers

August 25, 2021 2007 Views 0 comment Print

Kankariya Automobiles (P) Ltd Vs Commissioner of Central Excise & Customs (CESTAT Mumbai) From the records and narration of Learned Authorised Representative, it would appear that the appellant, an authorized dealer and service centre for motor vehicles, had provided space for insurance companies to solicit customers of insurance contracts on the vehicles sold by them. […]

No excise under ‘deemed’ manufacture on ‘baby diapers’ or ‘sanitary napkins’

June 18, 2021 624 Views 0 comment Print

Explore the Y & Associates vs. Commissioner of Central Excise case with CESTAT Mumbai. Delve into the intricacies of ‘deemed’ manufacture, excisability, and the legislative intent.

Imported External/portable hard disk drive classifiable under Tariff Item 84717020

June 18, 2021 2634 Views 0 comment Print

Imported External/portable hard disk drive are classifiable under Tariff Item 8471 70 20 as Hard disk drives and not under Tariff Item 8471 70 30. Therefore we are of the considered opinion that the instant issue about classification of External/Portable Hard Disc Drives is no more res integra and the appellants have rightly classified them under CTH 8471 7020.

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