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

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GST update: Budget 2025 proposed various GST related amendments requiring mandatory reversal of ITC... GST – Gujarat High Court: Para 2 of the Circular No. 181/13/2022-GST being discriminatory as well as... GST – Allahabad High Court: Being a human error in mentioning place of dispatch in the E-way bill wr... GST – Andhra Pradesh High Court: Order without DIN number is non-est and invalid – Writ Petition all...

Excise / VAT / CST

Excise – Cestat New Delhi: Reversal of Cenvat on transfer of capital goods under provisions of Rule 3(5A) is not required as there is no physical movement of goods – Appeal allowed [Order attached]

Excise – Cestat Mumbai : Welding electrode are classifiable under capital goods as per the explanation in Rule 57Q of Central Excise Rules, 1994 not to be classified under consumable hence eligible for MODVAT credit – Ap...

Excise – Cestat Ahmedabad: By issuing subsequent cause notice it is clear that the facts were already in knowledge of the department, also the assessment was provisional, hence penalty under extended period is not invoka...

Excise – Cestat Ahmedabad: Remission of Excise Duty can be availed on goods destroyed in fire accident if precaution measures are taken – Required to reverse Inputs - Appeal allowed [Order attached]

Excise - Cestat Ahmedabad: Appellant is entitled for remission of duty in respect of final product lost or destroyed in fire incident – Cenvat is required to be reverse in respect of the inputs, if any availed, contained...

Excise – Cestat Ahmedabad: Application for remission of duty cannot be rejected on the ground that excise duty was claimed by Appellant from the Insurance Company, when the settlement was made without payment of excise d...

Excise – Cestat Ahmedabad: When credit so availed is subsequently reversed, the situation would be as if no credit was ever availed - Appellant is eligible for exemption under Notification when they have reversed 6% of t...

Excise- New Delhi Appellate Tribunal: Issue of wrongful utilization of EC and SHEC against Excise duty – Held that had the appellant not utilized the Cenvat credit of EC & SHEC for payment of output tax/duty in December...

Excise – Cestat Ahmedabad: Cenvat allowed on inadvertent payment of Service tax as recipient of service – There is no specific condition in the Cenvat Credit Rules that Cenvat credit can be allowed only when Service tax...

Excise – Cestat Ahmedabad: In case of partnership firm separate penalty on the partner cannot be imposed, as held by the Hon’ble jurisdictional High Court of Gujarat – Appeal allowed [Order attached]

Excise – Cestat Chennai: Input used in the co-generation plant for generation of Electricity sold outside are eligible for Cenvat credit – Cenvat used for manufacture of exempted goods viz. Ethyl Alcohol is not eligible...

Excise – Cestat Mumbai: CENVAT Credit balance against payment of CVD and SAD that could not be carried forward to the Appellant’s account on the appointed date, is eligible for refund in cash - Appellant is also otherwis...

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