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Excise / VAT / CST

Excise – Cestat Ahmedabad: Once the duty was paid by the supplier even though the same was payable or otherwise exempted, Cenvat Credit of the duty paid cannot be disputed at the end of the recipient – Appeal allowed [Or...

Excise – Cestat Kolkata: There is no provisions for reversal of any credit in case of clearance of waste and scrap and/or, their non-return from the job worker’s premises, hence no reversal of Cenvat Credit required – Ap...

Excise – Cestat New Delhi: If the amount deposited prior to adjudication has not been adjusted at the adjudication stage nor at the stage of settlement under SVLDR Scheme, the said amount is the amount lying with the Dep...

Excise – Cestat Ahmedabad: General scrap of packing material and of old and used capital goods which are cleared cannot be considered as scrap arising out of the manufacture of scrap and scrap generated - Hence such gene...

Excise - Cestat Kolkata: Private records obtained from residence of employee relied upon by the Revenue cannot be a basis to uphold the serious charge of clandestine clearance - It is settled legal position that charge o...

Excise - Cestat Ahmedabad: Appellant has already made the adequate reversal on account of undertaking trading of goods - In either of the three options given in sub-rule (3) of Rule 6, there is no provisions that if the...

Excise – Cestat Chennai: Cenvat cannot be denied on the basis of - incorrect recipient address, handwritten service provider registration number on the invoice; Helipad Repair and Maintenance services are eligible for C...

Excise – Cestat New Delhi: Reversal of Cenvat credit under Rule 6(3A) requires only the value of the exempted goods removed to be reckoned and not the value of the intermediate goods – Appeal allowed [Order attached]

Excise – Cestat Chennai: Credit availed on bank charges basis bank advice / bank statement cannot be denied unless there is discrepancy in these documents; Denial of Cenvat credit on Chartered Accountant services basis t...

Excise - Cestat Chennai: Credit pertaining to Housekeeping Services cannot be denied alleging that these services are consumed in Mumbai office, as Mumbai office is an integral part of the business of the appellant at Ch...

Excise - Cestat Ahmadabad: The disallowance of Cenvat credit in respect of goods namely steel plates, HR plates, HR coils, MS Bar, MS Beam, MS Joists, GC Sheets, etc as inputs requires reconsideration in light of various...

Excise - Cestat Kolkata: The Appellant has not faulted for its conduct, even if it were to be held that cross utilization of basic Excise Duty credit for payment of E Cess and SHE Cess was prohibited under the Rules – Ap...

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