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CA Urvashi Porwal

Latest Judiciary


Processing of steel scrap into blended steel scrap amounts to manufacture – AAR

Excise Duty : T. T. Recycling Management India Private Limited (hereinafter also referred to as applicant) is a resident Private Limited Company...

September 1, 2016 2338 Views 0 comment Print

Mere Crushing of Coal does not amount to manufacture: AAR

Excise Duty : It is engaged in the manufacture and sale of PET Chips. The applicant now intends to start a new business whereby the applicant i...

September 1, 2016 1321 Views 0 comment Print

Activity of mere Loading software in a device does not amount to manufacture – AAR

Excise Duty : Nucleus Device is classifiable under Tariff Entry 85176290 of the First Schedule to the Central Excise Tariff Act 1985 as Machines...

September 1, 2016 1762 Views 0 comment Print

Tax Laws passed by Legislature not open to judicial review – SC

Excise Duty : The High Court has dismissed the Writ Petition by the impugned judgment and order dated 2.9.2011. Being dissatisfied with the dism...

August 31, 2016 2992 Views 0 comment Print

Activities relating to spectacles, frames & tagging of jewellery does not amount to manufacture– AAR

Excise Duty : In the instant case, the applicant has submitted that the tag is applied by them while placing the jewellery in the box to preven...

August 31, 2016 1921 Views 0 comment Print


Procuring orders & exploring potential customers classified under BAS

March 14, 2016 1036 Views 0 comment Print

It was held that the activity of procuring orders for the principal and also exploring potential customers and channelized the purchase orders should be classified under Business Auxiliary Service in accordance with rules of classification of the service.

Exports to SEZ should be included for Service Tax Refund

March 14, 2016 2059 Views 0 comment Print

iT was held that the export turnover portion in the formula prescribed under Rule 5 of CCR includes the value of exports made from SEZ. The Appellants are rendering software services and the services are exported and also to the domestic clients.

Currency Conversion Charges not liable to service tax – CESTAT

March 14, 2016 3742 Views 0 comment Print

It was held that Currency Conversion Charges (mark up) in respect of credit/debit card transactions are not liable to service tax as the card transaction happened outside India.

Order cannot travel beyond allegations raised in SCN

March 11, 2016 9172 Views 0 comment Print

In this case in the show-cause notice the allegation is that the appellant availed input service credit on construction of shopping complex outside the factory premises whereas in the impugned order, the demand has been confirmed on the ground that the service provided and credit availed was not either directly or indirectly in relation to the manufacture of the appellant’s final product.

Principle of Natural justice should be followed while deciding matter

February 24, 2016 5047 Views 0 comment Print

Principles of natural justice are those rules which have been laid down by the Courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasi-judicial and administrative authority while making an order affecting those rights.

Assessee cannot be forced to pay entire disputed amount during pendency of assessment

February 24, 2016 2062 Views 0 comment Print

The facts leading to the filing of the writ petition is that the petitioner provides labour in the construction of buildings to various builders under a works contract. It is alleged that under the agreement the petitioner is liable to pay service tax w.e.f. 01.07.2012.

Excise duty paid more than CAS-4 is sufficient compliance

February 23, 2016 3541 Views 0 comment Print

It was held that excise amount paid on account of inter unit transfer higher than amount arrived as per CAS-4 cannot be treated as non compliance and the CENVAT credit of the same can be availed by the other unit.

CENVAT credit eligible on furniture & fittings used for output service

February 21, 2016 4247 Views 0 comment Print

It was held that it is a common knowledge that any insurance company is required to have chairs and tables to render services to their clients. The said tables and chairs are used for rendering services of general insurance, accordingly CENVAT credit availed on such furniture & fittings is allowed.

Cenvat of goods/ service used in construction of rented property allowed

February 18, 2016 6707 Views 1 comment Print

In the case of Nirlon Ltd. Vs. Commissioner of Central Excise,Mumbai, it was held that CENVAT credit of goods and services used to build an immovable property can be availed when such property has been given on rent and service tax liability is discharged on such rent received.

Excess Cenvat due to calculation mistake is not wrong availment

February 16, 2016 3344 Views 0 comment Print

In the case of M/s. TNT (INDIA) PVT LTD Versus Commissioner of Central Excise and Service Tax BANGALORE-III, it was held that where the credit taken was based on the documents where service tax on the input services was paid in excess mainly on account of wrong calculation by the appellant.

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