Excise, VAT & CST Case Laws, CENVAT Rulings & Updates | Taxrealtime

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GST - Supreme Court over rules Gujarat High Court judgement holding once tax burden has been passed,... GST - Madras High Court: Retrospective insertion of Sections 16(5) and 16(6) restores eligibility fo... GST - First Landmark Order by GSTAT Principal Bench – Mere mismatch between GSTR-1 and GSTR-3B does... GST - Gauhati High Court: Summary SCN (DRC-01) cannot replace a SCN under Section 73; Unsigned attac...

Excise / VAT / CST

UP VAT - Allahabad High Court: Mere pendency of SLP does not suspend operation of High Court’s judgment; in absence of stay, refund directions must be implemented [Order attached]

VAT - Orissa High Court: dismisses BSNL’s Writ, Upholds Delegate’s Competence under Section 23(4); Clarifies Statutory Appeal Remedy Cannot Be Bypassed; Liberty Granted to Pursue Appeal [Order attached]

Excise - CESTAT New Delhi: Interest paid on delayed CVD/SAD payment under EPCG is not refundable, since it never accrued as a right under existing law [Order attached]

Excise – Cestat Allahabad: Refund of interest on pre-deposit shall be paid from the date of filing appeal and not from the date of pre-deposit – Appeal dismissed [Order attached]

Excise – Cestat Chennai: Once the credit entry was reversed, it is as if the CENVAT credit was not available, hence there is no liability to pay interest and the question of imposition of a penalty does not arise – Appe...

Excise – Cestat Chennai: The interest provisions of Section 11BB are attracted “automatically” for any refund sanctioned beyond a period of three months – Appeal allowed [Order attached]

Excise – Cestat Ahmedabad: Ocean freight is not liable to service tax appellant have paid the service tax on the ocean freight along with interest, Appellant is entitled for refund thereof along with interest and interes...

Excise – Cestat Allahabad: Without challenging the Tribunal's direction to pay the interest to Appellate at appropriate forum, Department now cannot challenged the same at adjudication – Revenue appeal dismissed [Order a...

Excise – Cestat Chandigarh: When process undertaken by the assessee does not amount to manufacture, even then the CENVAT credit is admissible if such inputs are cleared on payment of duty – Appeal allowed [Order attached...

Excise – Cestat Chandigarh: Nothing emerges from the impugned order that the appellant have not filed the requisite returns with intent to evade the payment of tax; Imposition of penalties is not sustainable – Appeal all...

Excise – Cestat Ahmedabad: Issue of allowance of interest on exports till the utilization of credit - Held refund claim prima facie appears to be the amount out of the fresh credit availed after the utilization of transf...

Excise – Cestat Chandigarh: If the Department is barred from raising demands for the refunds already granted, the appellants also cannot seek interest on the refunds already granted - As the Appellants have not made out...

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