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GST - Supreme Court over rules Gujarat High Court judgement holding once tax burden has been passed,... GST - Madras High Court: Retrospective insertion of Sections 16(5) and 16(6) restores eligibility fo... GST - First Landmark Order by GSTAT Principal Bench – Mere mismatch between GSTR-1 and GSTR-3B does... GST - Gauhati High Court: Summary SCN (DRC-01) cannot replace a SCN under Section 73; Unsigned attac...

Excise / VAT / CST

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...

Excise – Cestat Ahmedabad: Cenvat is entitled on inputs and packaging materials when tested for quality purpose and were destroyed/disposed off; no Excise duty is payable on goods cleared from factory on non-returnable c...

Excise – Supreme Court: Question of validity of Budgetary Support Policy introduced under GST regime which reduces of benefit of area based exemption to 58% from 100% - Held that states should consider to correspondingly...

Excise – Cestat Kolkata: Cenvat credit can be availed on raw materials used to prepare bulk explosive including storage tanks and special vehicles – Appeal allowed [Order attached]

Excise – Cestat Mumbai: Refund of Cenvat Credit of inputs are allowed to Reliance on inadvertent reversal of credit under Rule 6 on impression that ‘Liquefied petroleum gas (LPG)’ is exempted goods [Order attached]

Excise - Cestat Kolkata: Order cannot be passed on an issue, the allegation of which were not made in the SCN - The proceedings have traveled clearly beyond the scope of SCN which cannot be legally sustained [Order attac...

Excise – Cestat New Delhi: The liability to pay presumptive amount of reversal under Rule 57CC arises only for final product and not for waste; Duty cannot be demanded on the parts of the old plant, as these are not manu...

Excise – Cestat New Delhi: As no reasonable explanation in the impugned order and also in the previous order of this Tribunal were there, whereby the clandestine removal of finished goods been alleged, hence no penalty...

Excise – Cestat New Delhi: As the appellant had purchased the entire unit, as is clear from the MOU itself and the agreement for transfer is for entire industrial property, which comprised plant and machinery also, hence...

Excise – Cestat Mumbai: Wherever the assessee is liable to pay lesser amount than agreed price as a result of a price variation clause in the agreement on account of liability to “liquidated damages”, irrespective of whe...

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