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CESTAT Mumbai

Excise duty as finished goods not leviable on broken bottles of beverages

October 15, 2022 921 Views 0 comment Print

CESTAT Mumbai held that as the appellant has duly reversed the CENVAT Credit on inputs used in respect of finished goods contained in the broken bottles of beverages, the appellant is not liable to pay excise duty on the same.

Application for alteration of title of shipping bills to advance authorization scheme allowed

October 14, 2022 750 Views 0 comment Print

CESTAT Mumbai held that clear intention of export under ‘advance authorization scheme’ is evident and hence mere title of the shipping bills is to be alter. Application for alteration of the same cannot be rejected.

Assessing ‘fruit pulp’ based on sale price of ‘fruit juice’ unjustified

October 13, 2022 474 Views 0 comment Print

CESTAT Mumbai held that the goods are to be assessed in the form they are produced for assessment. Accordingly, goods cleared as fruit pulp cannot be assessed and duty cannot be demanded on the basis of sale price of fruit juice.

Process of slitting jumbo rolls doesn’t amount to manufacture

October 11, 2022 1494 Views 0 comment Print

CESTAT Mumbai held that the process of slitting jumbo rolls does not amount to manufacture within the meaning of section 2(f) of Central Excise Act, 1944.

CENVAT eligible against debit note

October 11, 2022 612 Views 0 comment Print

CESTAT Mumbai held that CENVAT credit is available against invoices and also against debit notes which contains all the substantial information as prescribed in rule 9 of the CENVAT Credit Rules, 2004

Taxability of service of Foreign entities could not determine without test of Taxation of Service Rules

October 10, 2022 1050 Views 0 comment Print

In a significant case of Star India, the CESTAT had held that the impugned order had failed to identify the taxable service that the erstwhile foreign entities had obtained from the foreign service provider without which the test of Taxation of Services (Provided from Outside India and Received in India) Rules, 2006 was not applied.

Customs broker liable for the act of employees

September 27, 2022 1035 Views 0 comment Print

Meghna Clearing and Forwarding P. Ltd Vs Commissioner of Customs (CESTAT Mumbai) In the present case the concern clerk admitted his mistake and sought for a lenient view in the matter. As per Section 58 of the Indian Evidence Act facts admitted by the parties or their agents are not required to be proved in […]

Cenvat Credit not admissible on insurance services pertaining to family members of employees

September 27, 2022 1047 Views 0 comment Print

Inadmissible cenvat credit i.e. in respect of the insurance services pertaining to the family members of the employee of the appellant.

Service Tax exemption under SEZ Act cannot be denied for procedural infirmities

September 27, 2022 1545 Views 0 comment Print

Procedural infirmities, for a shorter or longer time, does not in any way supplant service tax exemption accorded to impugned supply of services to units in SEZ

CESTAT allows Refund claim of unutilised CENVAT Credit of Pre-GST regime

August 26, 2022 1983 Views 0 comment Print

Appellant entitled to get cash refund against CENVAT Credit available to its credit during pre GST regime under Section 142(3) of CGST Act

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