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Excise, VAT & CST Case Laws and Tribunal Judgments

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CENVAT Credit Disputes – Case Summaries

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Excise / VAT / CST

Excise - Cestat Ahmedabad: Merely relying on statement of Partner Appellant and Broker of accepting evasion of duty without any corroborative evidence found by Revenue, clandestine manufacture and clearance of goods by t...
Excise – Cestat New Delhi: Issue of reversal of Cenvat Credit on account of clearance of exempted goods to its sister unit – Held that as Respondent have already reversed the proportionate Cenvat credit in terms of Rules...
Excise - Cestat Hyderabad: HR Sheets/ Coils and welding electrodes used within the factory of the Appellant qualify as ‘inputs’ and accordingly Cenvat is eligible [Order attached - dated 30 August 2022]
Excise – Cestat Ahmedabad: As it was already held that documentary evidence recovered from appellant broker are not sufficient to hold that the manufacturers have cleared the goods clandestinely, now penalty cannot be le...
Excise - Punjab & Haryana High Court: Revenue is bound to adjudicate SCN in the prescribed time limit – Matter under SCNs put into call book leading to inordinate delay in adjudication, is not sustainable - Petition allo...
Excise – Cestat Ahmedabad: Expenditure of dredging service were exclusively incurred for appellant for construction of navigation channel and hence entitled for Cenvat Credit on such input service, even if is not for the...
Excise – Cestat New Delhi: Issue of selling goods at a value lower than the normal price charged to the independent buyers – Held that in order to invoke the valuation provisions it has to be proved that the appellant an...
Excise – Cestat Chennai: Goods cleared under Notification No.30/2004 without payment of duty is optional payment without duty and it cannot be said that these fall within the definition of ‘exempted goods’ – Hence, Cenva...
Excise - Cestat Kolkata: As the entire demand along with interest was paid by the Appellant before issuance of show-cause notice and there is no evidence of having committed fraud, collusion or suppression of facts, henc...
Excise – Allahabad High Court : Issue of remission of duty on destroyed goods – Held that the loss was within the tolerable limit of 2%, also Brown Sugar not being marketable goods, duty is not payable: Petition allowed....
Excise – Cestat Ahmedabad: Credit is admissible on Input and Input service used in the manufacture of job work goods; Common Cenvat Credit attributed to Trading of Goods on High Seas Basis were already reversed by Appell...
Excise – Cestat Allahabad: Appellant was merely Director on papers and was only providing space in his residence to store the documents without any knowledge that this relates to clandestine production of excisable goods...

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