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

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Eight states want GST rate cuts to be linked to revenue guarantee GST - Calcutta High Court: Though appeal was time-barred, granted final opportunity to assessee, sub... GST – Allahabad High court: ITC cannot be denied if supplier had valid registration at the time of s... GST - Delhi High Court: Rectification order under Section 161 of CGST Act without granting hearing i...

Excise / VAT / CST

Excise – Cestat Mumbai: Liquidated damages cannot be included on value of manufacture for the purpose to levy excise duty – Appeal allowed [Order attached]

Excise – Cestat New Delhi: Issue in availment of Cenvat credit alleging that activity does not amounts to manufacture – Held that the SCN was issued without any authority of law as the jurisdictional officer of Supplier...

Excise – Cestat Mumbai: ‘Automobile cess’, not being a levy under Central Excise Act and not levied on basic excise duty, with ‘other cess’, that are exempted owing to exemption of basic excise duty, hence entitled to ‘a...

Excise – Cestat New Delhi: Waste generated during the repair or replacement of pipes are waste generated during the repair or maintenance of pipes and not during the process of production of oil, hence no excise duty can...

Excise – Supreme Court: Assessable value for the related party sales can be established by referring to the normal price under Section 4(1)(a) - Since Revenue itself is unclear on the correct method of valuation of the g...

Excise – Cestat Bangalore: Though there is a slight discrepancy in the description in invoices, but no discrepancy pointed out regarding the stock of raw material and the return submitted for job work by the Appellant, h...

Excise – Cestat Chandigarh: Once goods are supplied against proper cenvatable invoice, buyer cannot go beyond that and verify whether registered dealer had purchased the goods legally – Appeal allowed [Order attached]

Excise – Allahabad High Court: Issue whether refund is allowed of unutilized Krishi Kalyan Cess – Held as the matter is pending before Apex Court, Tribunal either could have decided the issue on merits or retain the matt...

Excise – Cestat Ahmedabad: Even if Capital goods are used for exempted intermediate goods, the Cenvat credit cannot be denied when the final product is cleared on payment of duty – Appeal allowed [Order attached]

Excise – Cestat Ahmedabad: Appellant has already paid the excise duty/ Cenvat on the clearances of goods on which the demand was raised, hence there is no case of demand under Rule 6(3) – Appeal allowed [Order attached]

Excise – Cestat Ahmedabad: The essential condition for availment of Cenvat credit is that it should be used in or in relation to manufacture of the final product and even if the same are used outside the factory – Appeal...

Excise – Cestat Mumbai: Amount paid during the investigation shall be considered as payment of duty and is clearly governed by section 11B - Appellant is entitled for interest on refund after the expiry of three months f...

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