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Duty demand by treating buyer’s premises as place of removal is unsustainable

Case Name : Savita Oil Technologies Ltd. Vs C.C.E. &
Appeal Number : S.T. (CESTAT Ahmedabad)
Date of Judgement/Order : Excise Appeal No. 12274 of 2019
Related Assessment Year : 30/06/2022
Courts : All CESTAT (3928) CESTAT Ahmedabad (818)
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Recovery more than pre-deposit, based on order never served on petitioner, is illegal

Case Name : Haldia Petrochemicals Limited Vs Assistant Commissioner (Calcutta High Court)
Appeal Number : W.P. A No. 4249 of 2022
Date of Judgement/Order : 30/06/2022
Related Assessment Year :
Courts : All High Courts (14151) Calcutta High Court (858)
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Cenvat credit eligible on warranty service via third party on FOC basis

Case Name : Johnson Controls Hitachi Air Conditioning India Limited Vs C.C.E. and S.T. (CESTAT Ahmedabad)
Appeal Number : Excise Appeal No.10838 of 2021
Date of Judgement/Order : 29/06/2022
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Ahmedabad (818)
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CESTAT deletes penalty which was imposed for denial of area based exemption

Case Name : Sanjeev Jindal Vs Commissioner, Customs & Central Excise (CESTAT Delhi)
Appeal Number : Excise Appeal No. 2009 of 2012
Date of Judgement/Order : 08/07/2022
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Delhi (916)
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CENVAT Credit eligible on items of iron & steel used in maintenance of existing plant & machinery

Case Name : J. K. Cement Works Vs Commissioner, Central Goods & Service Tax (CESTAT Delhi)
Appeal Number : Excise Appeal No. 51367 of 2019
Date of Judgement/Order : 06/07/2022
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Delhi (916)
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Demand of Central Excise Duty cannot be sustained being time barred & in absence of any suppression by assessee

Case Name : Ambica Engineering Works Vs C.C.E.&S.T. (CESTAT Ahmedabad)
Appeal Number : Excise Appeal No. 10859 of 2020
Date of Judgement/Order : 07/06/2022
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Ahmedabad (818)
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SCN without following basis principle of the law it is not a valid SCN: SC

Case Name : Commissioner of Central Excise Vs Brindavan Beverages (P) Ltd. (Supreme Court of India)
Appeal Number : Appeal (civil) 3417-3425 of 2002
Date of Judgement/Order : 15/06/2007
Related Assessment Year :
Courts : Supreme Court of India (2389)
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No Suppression if SCN was issued based on disclosure in Balance Sheet

Case Name : Commissioner of Central Tax Vs ABB Limited (Karnataka High Court)
Appeal Number : Central Excise Appeal No. 16/2021
Date of Judgement/Order : 01/06/2022
Related Assessment Year :
Courts : All High Courts (14151) Karnataka High Court (655)
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Limitation not applies to Refund of PLA Balance

Case Name : Sun Pharmaceutical Industries Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad)
Appeal Number : Excise Appeal No. 10105 of 2020
Date of Judgement/Order : 23/06/2022
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Ahmedabad (818)
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Loss in transit not includible for computation of ‘assessable value’

Case Name : Savita Oil Technologies Ltd Vs Commissioner of Central Excise (CESTAT Mumbai)
Appeal Number : Excise Appeal No. 1117 of 2012
Date of Judgement/Order : 23/06/2022
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Mumbai (510)
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