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Taking credit and then reversing the same entry is as good as not taking the credit at all

CESTAT held that in a case where the assessee is a manufacturer of dutiable goods as well as exempted goods and it is impractical to maintain separate accounts of common inputs used in manufacture of dutiable goods and exempted goods the only practical way of maintaining accounts is by corresponding credit and debit entries, reversing pro...

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Posted Under: Excise Duty |

Demand cannot be confirmed by relying on third-party evidence not cross-examined

CESTAT held that the department cannot confirm a demand solely on the basis of third-party evidence without any opportunity being afforded to the manufacturer to cross-examine such evidence....

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Posted Under: Excise Duty |

Application of Principal User Test is important to classify Relays under Railways Signaling Equipment

Current appeal has been filed discussing the taxability of 'Relays', which is used as a part of Railway Signalling System. Westinghouse Saxby Farmer Ltd (Appellant) has come in the Court aggrieved by the dismissal of appeal challenging the same by the Hon’ble CESTAT, Kolkata vide order dated March 26, 2008....

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Posted Under: Excise Duty |

Company entitled to refund of Cenvat credit lying in Cenvat credit account on closure of business

Nichiplast India Pvt. Ltd. v. Principal Commissioner CGST (CESTAT Delhi)

Appellant is entitled to refund of the amount of Cenvat Credit lying in their Cenvat Credit account on closure of business along with interest....

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Benefit of abatement can’t be withheld on failure on part of Superintendent to make proper recordings

Tripura High Court held that abatement of duty can’t be withheld solely on ground that Superintendent did not record that sealing was done in such a manner that machine could not be operated as it was not within the control of the Appellant in what manner the Superintendent passed an order after sealing the machine....

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Posted Under: Excise Duty |

Procedural delay in credit reversal not disentitles assessee from claiming refund

Chariot International Pvt. Ltd. Vs Commissioner of Central Tax (CESTAT Bengalore)

CESTAT set aside the order passed by the Commissioner (Appeals) disallowing the refund claims of the assessee on the ground that credit reversal in Form GSTR-3B pertains to GST credit and not CENVAT credit. Held that, procedural delay will not disentitle the assessee from claiming refund when credit had been reversed in Form GSTR-3B....

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Reversal formula of ITC on exempted supplies applicable to ‘common input tax’ credit

Nothing in the CCR prohibits an assessee from following Rule 6(2) of the CCR in respect of the inputs and input services where it is feasible to maintain separate records and follow Rule 6(3A) of the CCR in case of such inputs or input services where it is not feasible to do so....

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Posted Under: Excise Duty |

Benefit of conditional exemption Notification cannot be denied on pretext of unconditionally exempted

The Hon’ble Tripura High Court in Union of India v. M/S. Dharampal Satyapal Ltd. [Central Excise Appeal No.01/2019 and Central Excise Appeal No.02/2019, dated March 22, 2021] upheld the judgment passed by the CESTAT, Kolkata allowing the assesse to avail the benefit of notification granting conditional exemption from the of the duties o...

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Posted Under: Excise Duty |

Exhaustive Analysis of Excise Duty Changes- Budget 2021

Article explains Changes in Excise duty proposed/carried out by Union Budget 2021 and explains Amendment in Fourth Schedule , Retrospective amendment in Chapter 27 of the Fourth Schedule to the Central Excise Act, 1944, Amendment in Chapter 27 of the Fourth Schedule to the Central Excise Act, 1944, Imposition Of Agriculture Infrastructure...

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Posted Under: Excise Duty |

Key Changes Under Customs & Excise- Union Budget 2021

Union Budget 2021 – Changes Under The Customs And Excise- This document summarises the Key changes made/ proposed under the Customs and Excise – Section wise in comparative manner for easy digest. CUSTOMS Unless otherwise stated, all changes in rate of Customs duty take effect from the midnight of 1st February/ 2nd February 2021. ...

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Posted Under: Excise Duty |