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cenvat credit

Latest Articles


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 495 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 3972 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 1125 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 888 Views 0 comment Print

CENVAT Credit on Commission Agents Services – Calcutta High Court

Excise Duty : A vexed issue, being eligibility of CENVAT credit on Sales Commission Agent's Services, post the judgment of the Hon’ble Gujarat...

October 9, 2022 1374 Views 2 comments 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 22575 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 20437 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 3229 Views 0 comment Print


Latest Judiciary


Bagasse Not Dutiable; Rule 6(3) of CCR, 2004 Not Applicable

Excise Duty : Explore the Daurala Sugar Works vs. Commissioner of Central GST case, focusing on bagasse's non-dutiable status and CENVAT credit ...

July 18, 2024 48 Views 0 comment Print

CESTAT allows adjustment of excess paid Service Tax against subsequent liabilities

Service Tax : Read the detailed analysis of Gulmohar Park Mall Pvt Ltd Vs Commissioner of Central Excise And Service Tax (CESTAT Ahmedabad) wher...

July 10, 2024 606 Views 0 comment Print

Cenvat Credit can’t be denied for non-Mentioning of Service Tax Registration in Invoice

Service Tax : Read the detailed analysis of Sai Consulting Engineers Pvt Ltd Vs C.C.-Ahmedabad (CESTAT Ahmedabad) where CESTAT rules on procedur...

July 10, 2024 129 Views 0 comment Print

CESTAT Sets Aside Service Tax Demand on Car Booking Cancellation Charges

Service Tax : CESTAT set aside demand of service tax on amounts received as booking cancellation charges, price difference & corporate discount,...

July 4, 2024 72 Views 0 comment Print

Installation of Capital Goods in Procurement Year not mandatory to avail CENVAT Credit

Excise Duty : Gauhati High Court rules no mandatory installation of capital goods in the year of procurement for Cenvat credit eligibility. Key ...

June 24, 2024 246 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 6489 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 8871 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 13974 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 1937 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 1996 Views 0 comment Print


Cenvat Credit refund denial for Mere Non-Registration of Premises is unjustified

July 10, 2020 627 Views 0 comment Print

The issue under consideration is whether denial of a refund of Cenvat credit for mere non-registration of Premises is justified in law? learned Tribunal held that refund claimed by the Assessee on Cenvat Credit cannot be disallowed merely because the premises in question was not registered with the Revenue Department.

Cenvat Credit of ITC attributable to taxable output & use of Formula

July 6, 2020 3276 Views 0 comment Print

The issue under consideration is whether ITC attributable to taxable output included in formula of determining ITC of exempted goods or services?

SC stays Delhi HC decision in case of Brand Equity -Transitional credit

June 19, 2020 15705 Views 2 comments Print

Supreme Court has stayed Delhi HC decision in case of Brand Equity Treaties Limited Vs Union Of India which permitted the assessee to file Form Tran-1 on or before June 30, 2020.

Cenvat Credit cannot be denied for Invoices prior to ISD registration

June 1, 2020 2382 Views 0 comment Print

Mafatlal Industries Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) Demand of Rs. 39,60,634/- was confirmed on the ground that same was wrongly availed on ISD invoices issued by the appellant’s Ahmedabad and Mumbai branch for services availed prior to the date of ISD registration was granted for the said unit. We find […]

Allow all assessees to claim ITC in GST TRAN-1 by 30.6.2020: Delhi HC

May 5, 2020 28017 Views 1 comment Print

Rule 117 of CGST Rules is directory in nature, insofar as it prescribes the time-limit for transitioning of credit and therefore, the same would not result in the forfeiture of the rights, in case the credit is not availed within the period prescribed.

Refund of Cesses In Cash Not Allowed

April 14, 2020 3138 Views 0 comment Print

1. FACTS OF CASES: 1. M/s Mylan Laboratories Ltd (appellant) is engaged in the manufacture of pharmaceutical and is 100% EOU. The appellant was availing the benefit of CENVAT credit under CENVAT Credit Rules 2004. The appellant filed a refund claim dated 04.01.2018 seeking refund of Rs 28,600/- of its unutilised balance of cesses lying […]

No Cenvat Credit denial for Clerical Error in mentioning Vehicle Number

March 18, 2020 1068 Views 0 comment Print

Cubex Tubings Ltd. Vs Commissioner of Customs, Central Excise Central Excise and Service Tax (CESTAT Hyderabad) The issue in dispute is whether the appellant assessee is entitled to CENVAT Credit on the disputed eight invoices or otherwise. It is the case of the Revenue that no material was received by the appellant against these invoices […]

S 11B limitation held applicable in accumulated Cenvat credit refund is bad law—Part 2

February 26, 2020 3570 Views 3 comments Print

In the first part of the article, it was evidently clear that the English language cannot do magic to imply limitation to be read in the law (when it is concluded by independent reading of the S 11B that no limitation is specified) merely by way of reference to the Section in the Notification.

Refund of input Cenvat credit cannot be denied for mere non-registration of premises

February 20, 2020 3225 Views 0 comment Print

High Court of Judicature at Madras has held that the refund of input Cenvat credit cannot be denied just because premises was unregistered, in the case of Commissioner of GST & Central Excise, Chennai Vs. BNP Paribas Sundaram Global Securities, in CMA No. 57 of 2018 dated 18.01.2018. Therefore, the denial of refund for the reasons of a premises being un­registered cannot sustain and the same is set aside.

Goods Transport Agency Services not eligible for Cenvat Credit

February 19, 2020 2106 Views 0 comment Print

The issues involved in this Appeal is whether GTA service is entitle as an input service in terms of Rule 2(l) of Cenvat Credit Rules, 2004 even after 1.4.2008 on FOR sales i.e. delivery upto the factory gate of the customers, which, according to Revenue, was beyond the place of removal?

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