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Excise / VAT / CST

Excise – Cestat Kolkata: Since Cess is not a duty of excise, the provisions of Section 11B of the Central Excise Act would not apply; Refund allowed: Appeal allowed. [Order Attached dated 02 September 2022]

Excise – Cestat Bangalore: As L&T worked as Commission Agent for sales and got a fixed percentage of the sales turnover, the activity is not Input Service – No Cenvat Credit is allowed of Service tax paid on the sales co...

Excise- Cestat Hyderabad: Having delayed in providing the data, the appellant cannot profit from its own inaction and now argue that the demand is time barred – However, as the loss is within the prescribed limit of 1%,...

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...

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