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Excise / VAT / CST

Excise – Cestat Ahmadabad: Reversal of proportionate credit is one of the option provided under Rule 6(3), therefore, department cannot arbitrarily choose any particular option and impose on the assessee; Since the issue...

Excise – Cestat Ahmedabad: Issue whether Respondent have floated dummy companies to claim separate SSI exemption – Held that as the issue already stand settled in favour of the Respondent and in the present case, no fres...

Excise – Cestat Ahmadabad: Even though the output is exempted, but as the appellant received duty paid inputs, and cleared the same after processing on payment of duty, hence Cenvat credit is allowed – Also, this is clea...

Excise – Cestat Ahmadabad: Issue in availment of option of reversal of credit when supplying both dutiable and exempted goods – Held that giving options for availing a particular option is procedural requirement and on f...

Excise - Cestat Ahmedabad: In terms of strict provision of Rule 11(3) of Cenvat Credit Rules, the bar of lapsing of credit is applicable only when the assessee avail the absolute exemption notification - In the present c...

Service Tax - Cestat Kolkata: There is no restriction in the CENVAT Credit Rules that the Appellants should not use the prime quality materials for the manufacture of final products - As long as there is no dispute rega...

Excise – Cestat Kolkata: Dispute in availment of Cenvat credit due to invoices do not mention credit registration number of the consignee, registration number of the carrier vehicle – Held that substantive benefit cannot...

Excise – Cestat Ahmedabad: In the SCN there is no evidence even of a sample case that the appellant have availed Cenvat credit on scrap of steel material at the time of use thereof, hence demand is set aside – Appeal all...

Excise – Cestat Mumbai: The issue pertains to refund of Cenvat amount by the appellant in the capacity of a manufacturer, hence Revenue was required to file appeal before Commissioner (Appeals) under section 35A of the C...

Excise – Cestat Kolkata: Once the duty has been paid in cash, earlier payments made through Cenvat Account are liable to be re-credited and no objection that such re-credit was not on the basis of any eligible document c...

Excise – Cestat Ahmedabad: Cenvat credit is not eligible in respect of EC and SHEC paid by the 100% EOU - Malafide intention cannot be attributed to the employee, as he is not beneficiary of any wrong doing by the Compan...

Excise – Cestat New Delhi: As the appellant was prevented from deposit of dues NCCD, due to technical glitch on the portal, which is wholly attributable to inaction on the part of Revenue - Revenue cannot take advantage...

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