Sponsored
    Follow Us:

CESTAT Mumbai

No Service Tax on Employee Social Security Contributions: CESTAT

November 8, 2023 345 Views 0 comment Print

Turner Project Management India Pvt. Ltd wins in CESTAT Mumbai case – No service tax on employer’s social security contributions. Detailed analysis and conclusion here.

Recovery proceedings u/r. 14 of CCR, 2004 unsustainable in premature availment of cenvat of capital goods

November 7, 2023 384 Views 0 comment Print

CESTAT Mumbai held that in case of premature availment of cenvat credit on capital goods the recovery proceedings under rule 14 of CENVAT Credit Rules, 2004 (CCR, 2004) would not sustain and only interest liability will arise.

CENVAT Credit on outward transportation from place of removal admissible till 31.03.2008

November 7, 2023 234 Views 0 comment Print

CESTAT Mumbai held that prior to amendment i.e. till 31.03.2008 CENVAT Credit on outward transportation from the ‘place of removal’ is admissible. As entire period of dispute is pre-amendment, CENVAT Credit available and demand unsustainable.

No excise duty u/s 11A for allegation of illicit clearing in absence of sufficient evidence relating to inflow of cash

November 7, 2023 243 Views 0 comment Print

No excise duty was leviable under section 11A of the Central Excise Act, 1944 on the allegation of illicit clearing as the department had miserably failed to substantiate the allegation of clandestine manufacture and clearance by any tangible or corroborative evidence

Excise Duty demand of approx. 24 Crores was quashed on amount recovered as Liquidated Damages due to non-violation of Rule 6

November 7, 2023 255 Views 0 comment Print

Excise duty demand of approximately 24 crores against Volkswagen India was quashed on the amount recovered as liquidated damages on the ground of non-violation of Rule 6 of the Central Excise Rules,2002 and in the event of rejection of the invoice value as transaction value, it was not open to the adjudicating authority to re-determine value without recourse to Rule 6 of Central Excise Rules.

No Unjust Enrichment if Excise Duty Not Collected from Customers: CESTAT

November 6, 2023 237 Views 0 comment Print

The CESTAT Mumbai ruled in favor of Hindustan Coca Cola, allowing them a refund and rejecting the concept of unjust enrichment. Learn about the case and its implications.

Refund Claim Cannot Be Denied for failure to justify inability to utilize Cenvat credit

November 6, 2023 225 Views 0 comment Print

In this case study, explore the implications of the CESTAT’s ruling that a refund claim for CENVAT credit cannot be denied for failure to justify inability to utilize it

GST Demand based on order which is already set aside by Tribunal is unsustainable

November 6, 2023 372 Views 0 comment Print

CESTAT Mumbai held that that de novo adjudication order has been set aside by the Tribunal and the subsequent demands raised through Section 73(1A) as well as its conformation having been based on the previous conformation orders, the same is liable to be set aside and we do so.

Review Proceedings Bound by Show-Cause Notice Grounds

November 6, 2023 708 Views 0 comment Print

CESTAT Mumbai clarifies that review proceedings cannot exceed the grounds mentioned in the show-cause notice in Capgemini Technology Service India Ltd vs. Commissioner of CGST. Details of the case.

Excise Duty Exemption Granted: Certificates & Precedents Uphold Appellants’ Claim

November 6, 2023 324 Views 0 comment Print

CESTAT Mumbai adjudicates case of Cable Corporation of India Ltd. and Commissioner of Central Excise. Learn how certificates & precedents helped the appellants claim Excise Duty Exemption.

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031