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GST - Supreme Court: Renewal or Re-issuance of provisional attachment under Section 83 CGST is imper...
GST - Andhra Pradesh High Court: Issue of refund of ocean freight tax - Held that since such refunds...
GST - Orissa High Court: Ex-parte refund rejection was set aside since the petitioner SEZ could not...
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Excise, VAT & CST Case Laws and Tribunal Judgments
Excise Duty Refund & Interest Appeals
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Excise / VAT / CST
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...
Excise – Cestat Chennai: CENVAT Credit Rules includes capital goods in the definition of ‘inputs', refund allowed of CVD and SAD paid on import of capital goods under EPCG scheme – Appeal disposed [Order attached]
Excise – Cestat Chandigarh: Refund claim on account of Education Cess and S&H Education Cess paid through PLA is admissible – Appeal allowed [Order attached]
Excise – Cestat Ahmedabad: Cenvat Credit is available on renting of immovable of property even though the warehouse located outside the factory premises but the same is in relation to the manufacture of the final product...
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