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

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Karnataka High Court: GST authorities can use material collected by other commissionerates, especial... Gujarat High Court : ITC can be transferred across states after amalgamation; GST portal restriction... Orissa High Court: Limitation for filing an appeal begins from the date of communication of order, n... Karnataka High Court: Concessional benefits for exports not available when goods sent to third party...

Excise / VAT / CST

Excise – Cestat Chennai: When an order has already been passed upholding the sanction of part of the refund claim, the same authority cannot pass another order setting aside the sanction of entire claim - Such order is a...

Excise – Cestat Chennai: No refund can be allowed on unutilised credit lying in their CENVAT account at the time of closing the factory – Appeal dismissed [Order attached]

Excise – Chhattisgarh High Court: Assessee who is eligible for exemption should not be deprived of benefit simply because authorities concerned took their own time in disposing of the application - Application for extens...

Excise – Cestat Ahmedabad: Excess amount of freight collected from the customer is profit on account of transportation and not part and parcel of the value of the goods, therefore, cannot be included in the assessable va...

Excise – Cestat Chennai: Merely issuing credit notes subsequent to the clearance of goods, the assessee cannot be said to have passed the bar of unjust enrichment - Refund is rightly credited to Consumer Welfare Fund – A...

Excise – Cestat Ahmedabad: As the assessment at the supplier’s end has been accepted and no objection was raised, Cenvat credit cannot be disputed at the recipient on the ground that duty was paid on exempted goods – Rev...

Excise – Cestat Ahmedabad: Even though exempted goods is cleared without payment of duty, the Cenvat Credit of the inputs used in such export goods cannot be denied – Appeal allowed [Order attached]

Excise – Cestat New Delhi: Job worker would automatically turn to be the manufacturer and liable to pay duty irrespective of the ownership of the said goods in the case where a principal manufacturer did not file the req...

Excise – Cestat Kolkata: Lower authorities were not correct in rejecting the refund claim of sugar cess of the appellant on the ground of Revenue appeal is pending when no stay has been given by any higher court in the e...

Excise – Cestat Chennai: Relevant date for calculating interest commences from the date of expiry of three months from the date of receipt of application for refund by the department and not from the date of reversal of...

Excise – Cestat Kolkata: Although the appellant paid differential duty later on, but same was available as Cenvat Credit to their sister unit is a revenue neutral situation, if appellant would have not paid differential...

Excise – Cestat Chennai: There is nothing in the Rules which disentitle ISD from availing credit period prior to registration - Merely because the invoices do not have the details of person who provided the service, the...

Excise – Gujarat High Court: Adjudication of the show cause notice after a lapse of about 28 years is contrary to the Central Excise provisions and would lead to unreasonable and arbitrary results and hence is set aside...

Excise – Cestat Ahmedabad: Once insurance company has granted the insurance claim for the principal amount of the goods destroyed which is much more than the duty implication in the goods destroyed - A fit case for remis...

Excise – Cestat Ahmedabad: Appellant have shown excise duty in their invoice while clearing the goods from the factory, this fact clearly shows that duty was paid by the appellant even though under protest has become an...

Excise – Cestat Ahmedabad: Appellant being worked as DGM Finance ultimately all the transactions are finally booked in the books of accounts and for which the appellant is responsible as he was aware with the transaction...

Excise – Cestat Mumbai: Common Cenvat credit attributable to all locations, utilized at its one unit only – Held that assessee may distribute credit to one of its location, the entire excise would be revenue neutral as t...

Excise – Cestat Mumbai: When the assessee is not in a position to utilize the credit, the amount of pre-deposit paid is permitted to be refunded in cash although the same has been paid through their Cenvat Credit account...

Excise – Cestat Ahmedabad: As the appellants have not availed the drawback or rebate of duty, refund of accumulated credit is allowed to appellant on export the goods without payment of duty – Appeal remanded back to rec...

Excise – Cesta Kolkata: Final products which are exported under the coverage of bond do not fall in either exempted or nil rate of duty category, no Cenvat credit reversal required – Appeal allowed [Order attached]

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