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

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GSTAT has extended relaxed and simplified appeal filing procedures on the portal till 31 December 20... Himachal Pradesh High Court: Once either Central or State GST authority initiates adjudicatory proce... Jammu & Kashmir and Ladakh High Court: While the petitioner claimed hospitalization of his father, t... Bombay High Court - Corporate guarantee issued by a parent company to its subsidiaries without recei...

Excise / VAT / CST

Excise – Cestat Ahmedabad: In case of FOR/ Customer’s door delivery sale, Cenvat credit on outward transportation is admissible, as freight is integral part of assessable value – Appeal allowed.[Order dated – 20 Septembe...

Excise – Cestat Mumbai: Law does not provide for reversal of Cenvat credit of duty paid inputs removed as such for exports because legislative intent was to promote export of goods and not export of taxes – Appeal allowe...

Excise – Bombay High Court: Refund claim cannot be rejected now by the adjudicating authorities, on grounds of limitation as per explanation B (ec) of Section 11B, which was previously allowed by the higher authorities -...

Central Excise – Supreme Court of India: ‘Guide Car’ is classifiable under CTH 8603, and cannot be considered to be a part of the Coke Oven Battery and hence not entitled to Modvat credit; Appellant bonafidely believed t...

Excise – Cestat Chennai: Cenvat Credit availed on MS sheets, SS sheets and zinc sheets (under category of capital goods) as the said paint plant is integral to the manufacturing activity: Appeal Allowed. [Order Attached...

Excise – Cestat Kolkata: Tribunal, High Courts and Supreme Court has consistently held that an assessee shall not be penalized when demand relates to interpretation of the conditions of the exemption notification claimed...

Excise – Cestat Hyderabad: Cenvat credit allowed on input services such as erection and commissioning etc. used for manufacture of capital goods which even became immovable after manufacture; Cenvat allowed on welding el...

Excise - Cestat Hyderabad: Micronutrients for plants is classifiable under Chapter heading 3105 - Appeal allowed [Attached order dated 15 September 2022]

Excise - Bombay High Court: Without evidence, the accusations of clandestine removal cannot be confirmed merely based on a statement of few transporters that goods were not transported to Appellant - Appeal dismissed [At...

Excise-Cestat Kolkata: Question of eligibility of Cenvat Credit basis supplementary invoice issued by the supplier pursuant to payment of duty that became recoverable on account of non-levy or short levy by reasons of fr...

Excise - Cestat New Delhi: Period of refund filing application in one year as per Section 11B(B)(ec) is from date of decision of Hon’ble High Court and not the date of Final Order of CESTAT, as Department filed an appeal...

Excise – Cestat New Delhi: Procedural lapses on the part of the appellant would not be sufficient to confiscate the goods and be given the colour of clandestine removal with intent of evading duty without any corroborati...

Excise – Cestat Kolkata: Appellant is entitled for refund of excess duty paid inadvertently, as there is no case of unjust enrichment which is evident by undisputed CA certificate: Appeal allowed. [Order Attached dated 1...

Excise – Cestat Kolkata: Iron, Steel items and Cement used for erection of foundation and support structures would come within the ambit of the definition of “input” as it satisfies the “user test”: Cenvat Credit allowed...

Excise – Cestat New Delhi: Though the Appellant exported exempted goods without payment of duty but the same were not under bond or letter of undertaking, hence no refund of Cenvat Credit is admissible. [Order Attached d...

Excise- Cestat New Delhi: By-product or incidental product cannot be said to be inputs as such which by any stretch of imagination cannot be said to attract the provisions of Rule 3(5) requiring reversal of Cenvat Credit...

Excise – Cestat New Delhi: Where an order for refund under section 11B attains finality, the refund allowed would be outside the scope of an “erroneous refund” subsequently – Recovery of the refund is not permissible [Or...

Excise – Cestat New Delhi: Without corroborative evidence no demand can be made by alleging clandestine removal - Third party evidence cannot be relied upon to confirm the allegations as that of clandestine removal - App...

Excise – Cestat New Delhi: Without making inquiry with the buyers of finished goods, transportation, and theoretical basis of input output ratio do not lead to conclusion of clandestine manufacture and removal; Impositio...

Excise – Cestat New Delhi: Question of eligibility of Cenvat Credit without receipt of invoice – Held that Revenue has not complied procedure under section 9D by not allowing cross examination and the statements are not...

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