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Excise, VAT & CST Case Laws and Tribunal Judgments
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Excise / VAT / CST
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...
Excise - Cestat New Delhi: Since the order of confiscation of goods has already been set aside, the amount of redemption fine as was deposited by the appellant became revenue deposit with the department – Interest allowe...
Excise - Cestat Ahmedabad: Without providing relied upon and non-relied upon documents, impugned order was passed confiscating the goods, confirming duty demand and imposition of penalty - The entire procedure followed b...
Excise - Cestat Ahmedabad - Retention/detention charges are not includable in the transaction value of the excisable goods namely gas sold, duly packed, in the gas cylinders [Order attached 03 October 2022]
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