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Excise / VAT / CST

Excise – Cestat Mumbai: In terms of the notification, the only requirement was to show that the manufacturer had refunded the excess amount collected and claimed as refund to the tax owners – Hence, refund claim filed in...

Excise – Cestat Ahmedabad: Where goods are delivered at a place other than place of removal then the cost of transportation from the place of removal up to the place of delivery of the excisable goods needs to be exclude...

Excise – Cestat Ahmedabad: As defence and documents in support of appellant’s claim has not been examined, hence the demand on this count cannot be sustained – Appeal allowed [Order attached]

Excise – Cestat Ahmedabad: Additional premise is an extension of factory of the appellant and hence benefit of the notification cannot be denied - Even if appellant would have paid duty the same would have been available...

Excise – Cestat Ahmedabad: As the Appellant after following the proper procedure has paid the duty assessed by the Jurisdictional Deputy Commissioner fixing annual capacity of production after the replacement of packing...

Excise – Cestat Ahmedabad: As there is no reliable evidence showing the fabrics was stentered and such process is liable to excise duty hence duty demand cannot be sustained – Appeal allowed [Order attached]

Excise – Cestat Chennai: Though the credit was taken by mistake belatedly, but credit was not availed by the Appellant and hence when the credit itself was not availed, there is no scope to allege willful or deliberate i...

Excise – Cestat Kolkata: When separate records are maintained for taxable/exempted items, there is no occasion to reverse the proportionate Cenvat Credit – As the appellant is filling all the statutory returns and theref...

Excise – Cestat Chennai: As the incorrect tax was paid directly under reverse charge and the Appellant has neither collected the amount nor issued any invoice hence limitation period is not applicable and refund is allow...

Excise – Cestat Mumbai: Impossibility of utilisation of CENVAT credit upon restoration is not valid ground for monetisation as an alternative – Refund not allowed on ground of closure of units - Appeal dismissed [Order...

Excise – Calcutta High Court: Respondent could not show that the transactions were genuine on which Cenvat credit is availed, it clearly demonstrate that the respondent miserably failed to discharge the burden of proof c...

Excise – Cestat Kolkata: Transfer of semi-finished goods for machining without permission from the Department is only a procedural and technical lapse on the part of the appellants – Token penalty of Rs.5,000/ is leviabl...

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