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Unjust Enrichment not Applicable to Pre-Deposit Refund

Case Name : Chowgule Industries Pvt. Ltd. Vs Commissioner of CGST & Central Excise (CESTAT Mumbai)
Appeal Number : Service Tax Appeal No. 88473 of 2018
Date of Judgement/Order : 16/06/2022
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Mumbai (510)
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Pre-GST unutilized Credit of Education Cess, SHEC and KKC eligible to be refunded

Case Name : International Seaport Dredging Pvt. Ltd Vs Commissioner of GST (CESTAT Chennai)
Appeal Number : Service Tax Appeal No.40436 of 2021
Date of Judgement/Order : 17/06/2022
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Chennai (649)
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Limitation Cannot start to run unless right to receive a claim or refund crystallized

Case Name : Balkrishna Textiles Pvt Ltd Vs C.C.E (CESTAT Ahmedabad)
Appeal Number : Service Tax Appeal No.154 of 2011
Date of Judgement/Order : 10/06/2022
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Ahmedabad (818)
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Revenue department cannot pass a demand order beyond the scope of SCN

Case Name : T.S. Motors India Private Ltd Vs Commissioner of CGST (CESTAT Allahabad)
Appeal Number : Service Tax Appeal No. 70377 of 2018
Date of Judgement/Order : 17/06/2022
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Allahabad (75)
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Absence of segregation of credit taken on ‘Input Services’ would restrict application of correct ratio as per CENVAT Credit Rules.

Case Name : Thyssenkrupp Industrial Solutions (India) Private Limited Vs Commissioner of Central Tax (CESTAT Mumbai)
Appeal Number : Service Tax Appeal No. 85720 of 2019
Date of Judgement/Order : 09/06/2022
Related Assessment Year : 2013-14 and 2014-15
Courts : All CESTAT (3928) CESTAT Mumbai (510)
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Branch in any other country, treated as ‘separate person’, Service tax not payable in India

Case Name : Kalpataru Power Transmission Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad)
Appeal Number : Service Tax Appeal No. 11064 of 2015
Date of Judgement/Order : 10/06/2022
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Ahmedabad (818)
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Service Tax Refund cannot be denied to SEZ unit for mere non-inclusion of service in approved list

Case Name : Tega Industries Limited Vs C.C.E. & S.T. (CESTAT Ahmedabad)
Appeal Number : Service Tax Appeal No.11359 of 2019
Date of Judgement/Order : 17/06/2022
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Ahmedabad (818)
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Refund of Excess Service Tax along with Interest was allowable to Delhi And District Cricket Association

Case Name : Delhi And District Vs Assistant Commissioner Central Tax (Delhi High Court)
Appeal Number : W.P.(C) 9628/2021
Date of Judgement/Order : 23/05/2022
Related Assessment Year :
Courts : All High Courts (14157) Delhi High Court (3419)
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Limitation period on CENVAT Refund claim –CESTAT direct Appellant to submit relevant documents to original authority

Case Name : Vestas Technology R&D Chennai Private Ltd. Vs The Commissioner of GST & CE (CESTAT Chennai)
Appeal Number : Service Tax Appeal Nos. 41190 To 41196 of 2017
Date of Judgement/Order : 13/06/2022
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Chennai (649)
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Service Tax on Marketing & Distribution of Cellular Mobile Telephone Services- HC directs dept to pass orders in accordance with law

Case Name : P.R. Mani Air Fridge & Electronics Vs Office of the Commissioner of Central Excise (Madras High Court)
Appeal Number : W.P. No. 9645 of 2009
Date of Judgement/Order : 09/06/2022
Related Assessment Year :
Courts : All High Courts (14157) Madras High Court (1788)
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