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

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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: Transfer of complete closing balance of Cenvat Credit to GST regime is not mandatory and only admissible ITC is to be transitioned – There is no error in carrying forward part Cenvat Credit bal...

Excise – Bombay High Court: As majority of job workers accepted the job work manufacturing of the fabrics from Yarn were undertaken, there is no evidence to prove clandestinely removal of the yarn from factory: Revenue A...

Excise – Supreme Court of India: Question regarding eligibility of refund of excise duty on goods returned to factory as scrap – Held that valuation of scrap by Department basis market survey report at the rate of Rs.8 t...

Excise- Cestat Ahmedabad: Time limit for filing refund for the quarter end viz. April 2012 to June 2012 shall be 1 year after completion of the quarter, as per section 11B - Hence, refund was filed within 1 year from the...

Excise – Cestat Ahmedabad: A simple act of crushing and powdering cannot be taken to be synonymous with creation of a new product, hence the activity does not amount to manufacture – Impugned Order demanding duty is set...

Excise - Cestat Allahabad: Mandatory pre-deposit u/s 35F of Central Excise Act cannot be made by way of debit in the Electronic Credit Ledger maintained under the CGST Act – Even "Output Tax" under GST could not be equat...

Excise - Calcutta High Court: There is no bar on availment of Cenvat Credit where concessional duty has been paid under Notification No. 12/2012-Cus – Revenue appeal dismissed [Attached order dated 5 September 2022]

Excise - Cestat Delhi: Cenvat Credit is eligible on inputs used for production of electricity which is transferred free of cost to its sister unit - Appeal dismissed [Attached order dated 6 September 2022]

Excise – Calcutta High Court: Question whether excess credit availed by showing higher stock consumption in stock account as compared with ER-6 return - Held that Inter unit transfer of raw material in the stock account...

Excise – Cestat Ahmadabad: Cenvat Credit is not mandatorily to be availed for claim of rebate in terms of Notification No. 39/2001-CE – Cenvat Credit “available” means the Cenvat credit taken and available in the credit...

Excise - Cestat Kolkata: Clandestine clearance of goods is a serious charge and cannot be made on presumptions and assumptions and the onus lies on the Revenue to prove it with some evidence, which has not been done in t...

Excise-Cestat Kolkata: No reason to deny the refund of Cenvat Credit as the Appellant has availed drawback of only the customs duty portion and not of excise duty - Appeal allowed and remanded back for other issues [Atta...

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