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cenvat credit

Latest Articles


CENVAT credit can be claimed for telecom infrastructure: SC

Excise Duty : The Supreme Court upholds CENVAT credit for telecom infrastructure, ruling in favor of telecom operators on towers and shelters....

November 23, 2024 1032 Views 1 comment Print

Cenvat credit is allowed if inputs are wheeled out to sister company: Madras HC

Excise Duty : Explore the Madras High Courts decision in India Cement Limited v. Commissioner of Customs, allowing Cenvat credit for electricity...

February 29, 2024 681 Views 0 comment Print

GST Interest Exemption for Timely Deposit Despite Belated GSTR-3B Filing

Goods and Services Tax : Explore the Madras High Court ruling in Eicher Motor Ltd. v. Superintendent GST, stating no interest on GST if deposited on time, ...

February 5, 2024 4440 Views 0 comment Print

Credit cannot be denied due to incorrect description of Service on invoices when Service Tax has been correctly paid

Service Tax : CESTAT Mumbai, in Tata AIG case, rules credit can't be denied for incorrect service description on invoices when correct service t...

December 16, 2023 1401 Views 0 comment Print

Unused CENVAT Credit does not incur any interest liability: CESTAT Kolkata

Excise Duty : CESTAT, Kolkata made a significant ruling regarding the amendment in Rule 14 of CENVAT Credit Rules, 2004. Previous version of the...

June 20, 2023 1059 Views 0 comment Print


Latest News


Download ICAI Technical Guide to CENVAT Credit

Excise Duty : Introduction of CENVAT credit rules across goods and services in the year 2004 was one of the major steps in indirect taxes reform...

August 6, 2016 22641 Views 1 comment Print

Summary of Performance Audit on Cenvat credit scheme.

Excise Duty : We observed instances of non-submission of various prescribed returns by the assessees. Non-submission of returns would hinder th...

August 3, 2016 20488 Views 0 comment Print

Changes in Excise Duty Rates in Union Budget 2009

Excise Duty : However, the said goods would be exempt from excise duty subject to non availment of Cenvat credit on input. [Notification No 30/2...

July 11, 2009 3382 Views 0 comment Print


Latest Judiciary


Input Services Require Direct Nexus with Manufacturing Activity for CENVAT Credit Eligibility

Excise Duty : CESTAT Delhi rules against Leel Electricals Ltd., denying CENVAT Credit on ineligible invoices. The tribunal upholds tax demand an...

March 8, 2025 108 Views 0 comment Print

Obligation u/r 3(1) cannot be transferred to recipient of credit u/r 7 of CCR, 2004: CESTAT Mumbai

Excise Duty : The appellant herein has merely utilized the credit and, to the extent that rule 3(4) of CENVAT Credit Rules, 2004 has not been sh...

March 4, 2025 1125 Views 0 comment Print

No Penalty Under Excise Rule 26 Without Goods Confiscation: CESTAT Delhi

Excise Duty : CESTAT Delhi overturns ₹10 lakh penalty under Rule 26(1), citing the absence of confiscation, a key requirement for imposing pen...

February 28, 2025 165 Views 0 comment Print

Extended Limitation Cannot Be Invoked Twice for Same Issue: CESTAT Kolkata

Excise Duty : Once a demand has been raised for any issue by invoking extended period of limitation, then another demand cannot be raised again ...

February 26, 2025 186 Views 0 comment Print

Quashing of SCN on One Demand Doesn’t Restrict Adjudication on Other Demands: Delhi HC

Service Tax : The Respondent was engaged in the business of fabrication and fixing of aluminium utensils. Respondent had availed CENVAT credit o...

February 20, 2025 81 Views 0 comment Print


Latest Notifications


Provisions in Cenvat Credit Rules 2004 regarding reversal of credit

Service Tax : Is reversal under rule 6(3) of the Cenvat Credit Rules 2004 additionally required for all the services specified in notification 2...

July 5, 2019 6576 Views 0 comment Print

CGST (Amendment) Act, 2018- Clarification on Transitional Credit

Goods and Services Tax : The CENVAT credit of service tax paid under section 66B of the Finance Act, 1994 was available as transitional credit under sectio...

January 2, 2019 9036 Views 0 comment Print

CBEC notifies CENVAT Credit Rules, 2017

Excise Duty : CENVAT credit. - (1) A manufacturer or producer of final products shall be allowed to take credit (hereinafter referred to as the ...

June 30, 2017 14139 Views 0 comment Print

Availability of Cenvat Credit on inputs used in the manufacture of capital goods

Excise Duty : I am directed to invite your attention to the landmark judgement of the CESTAT Larger Bench in the case of Vandana Global Ltd. V/s...

July 25, 2010 2048 Views 0 comment Print

Rule 5 of the Cenvat Credit Rules, 2004 – Refund of Cenvat Credit – Amendment to Notification No. 42/2001-CE (NT), dated 26-6-2001

Excise Duty : It has been brought to the notice of the Board that some of the manufacturers of exempted goods are exporting such goods under bon...

June 28, 2010 2038 Views 0 comment Print


Proviso to Rule 4(1) of CENVAT Credit Rules, 2004 has prospective effect

December 25, 2022 813 Views 0 comment Print

ITC Sonar (A Unit of ITC Limited) Vs Commissioner of CGST & CX (CESTAT Kolkata) The only issue to be decided in this Appeal is whether the 3rd Proviso of Rule 4(1) of CENVAT Credit Rules, 2004 as introduced w.e.f. 01.09.2014, has got retrospective effect. I find that the said proviso was introduced w.e.f. 01.09.2014 […]

Cenvat Credit eligible on Parts for efficient functioning of Machine for Manufacturing

December 25, 2022 378 Views 0 comment Print

Parts in issue herein have been used for smooth and efficient functioning of machinery which has been used for manufacturing Sugar and Molasses and therefore there is no reason not to allow Cenvat credit

Rule 5 of Cenvat Credit Rules – Refund of credit if it is not possible to utilize credit

December 24, 2022 3726 Views 0 comment Print

Alkem Laboratories Ltd. Vs C.C.E. & S.T. (CESTAT Ahmedabad) Rule 5 of the Cenvat Credit Rules prescribes that if for ‘Any reason’ the use of the said credit is not possible, the manufacturer or provider of the output service shall be allowed refund of such amount. The sole reason for denying the refund claim is […]

Cenvat Credit eligible on inputs used in manufacturing of trial batches of medicament

December 21, 2022 783 Views 0 comment Print

The assessee is entitled to avail Cenvat Credit in respect of inputs and packaging material used in manufacturing of trial batches of medicament.

Order passed without considering recorded unretracted statements is untenable

December 21, 2022 1305 Views 0 comment Print

Calcutta High Court held that order passed without considering statements recorded under section 108 of the Customs Act which are not retracted is liable to be interfered.

Refund u/r 5 of CCR, 2004 admissible as services provided are not intermediary service

December 20, 2022 249 Views 0 comment Print

CESTAT Delhi held that appellant is not involved in the arrangement/ facilitation of the supply of service and hence the appellant is not intermediary. The service provided by the appellant qualify for export and accordingly refund admissible under rule 5 of the Cenvat Credit Rules, 2004

Refund rejected in absence of proof of availability of credit amount till debit of claim amount

December 20, 2022 495 Views 0 comment Print

CESTAT Mumbai held that notification no. 27/2012/CE (NT) dated 18th June 2012 for operationalizing of rule 5 of CENVAT Credit Rules, 2004 include debiting of the claim amount before submission of application for the same. Refund rejected for failure to furnish proof of the availability of credit till the date of write off.

Order unsustainable as passed without considering relevant evidence

December 19, 2022 1092 Views 0 comment Print

CESTAT Mumbai held that order passed without considering evidence relating to availment of depreciation under the Income Tax Act is liable to be quashed.

Person supplying main supply on principal-to-principal basis cannot be intermediary

December 14, 2022 3849 Views 0 comment Print

CESTAT Delhi held that the intermediary does not include the person who supplies such goods or services or both on his own account. Thus, the person supplying the main supply on principal to principal basis cannot come within the ambit of “intermediary”.

Provisions of Rule 3(5)(B) of CCR, 2004 not attracted in case of a general provision

December 13, 2022 348 Views 0 comment Print

Jaisawal Neco Industries Ltd Vs Principal Commissioner of Central Tax & Central Excise (CESTAT Delhi) The issue involved in this appeal is whether the provisions of Rule 3(5)(B) of CCR, 2004 are attracted in case of making a general provision in the books of account for slow moving/non moving inventory, without reducing the value of […]

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