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

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GST – Bombay High Court: Mere mismatch between shipping bills and invoices cannot lead to rejection... GST – Allahabad High Court: Since goods were transported with valid invoice and e-way bill, penalty... GST – Calcutta High Court condones 93-days delay in filing appeal; Reliance on consultant for critic... GST - Allahabad High: Section 75(7) expressly prohibits confirming liability beyond what is stated i...

Excise / VAT / CST

Excise – Cestat Chennai: CENVAT Credit Rules includes capital goods in the definition of ‘inputs', refund allowed of CVD and SAD paid on import of capital goods under EPCG scheme – Appeal disposed [Order attached]

Excise – Cestat Chandigarh: Refund claim on account of Education Cess and S&H Education Cess paid through PLA is admissible – Appeal allowed [Order attached]

Excise – Cestat Ahmedabad: Cenvat Credit is available on renting of immovable of property even though the warehouse located outside the factory premises but the same is in relation to the manufacture of the final product...

Excise – Cestat Mumbai: Duty amount paid in excess is refundable, however in the absence of proof of the burden of duty being not passed on to any other person, refund is credited to the Consumer Welfare Fund – Appeal di...

Excise – Cestat Ahmedabad: Amount paid under protest was without authority of law and cannot be treated as tax but revenue deposit only- Section 11B has no application to revenue deposit made during investigation – Refun...

Excise – Cestat Kolkata: It is permitted to adjust excess payment of duty, if any, against the demand on the subsequent months; No provision that the adjustment must be made immediately after the next month – Appeal all...

Excise – Cestat Allahabad: Revenue has no authority to retain amount deposited under-protest as it would be in violation of Article 265 of the Constitution; Statutory limitation period prescribed under Section 11B is not...

Excise – Cestat Allahabad: Appropriation of refund claim against disputed pending customs appeals is not sustainable in law as the demands in those cases have not reached finality – Revenue appeal dismissed [Order attach...

Excise – Cestat Bangalore: Refund of cenvat credit along with the shipping bills is filed after two years is time barred- The laws and the rules that specifically mention the due dates cannot be ignored – Appeal dismisse...

Excise – Cestat Bangalore: Refund amount arising due to provisional assessment be subjected to unjust enrichment – Appeal allowed [Order attached]

Excise – Cestat Chennai: Issue of payment on tax on ocean freight and license fee paid to Government as recipient of service under RCM - Held that recovery of Service Tax on Ocean freight is not legally justified - Asses...

Excise – Cestat Chandigarh: Cenvat credit is available on service tax paid on repair and maintenance during the warranty period as the same fall within the ambit of ‘Input Service’ – Appeal allowed [Order attached]

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