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

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Excise / VAT / CST

Excise – Cestat New Delhi: Interest on amount deposited during the investigation is to be allowed from the date of deposit of the amount and not from the date of filling refund application – Appeal allowed [Order attache...

Excise – Cestat Ahmedabad: Whether option to reverse Cenvat Credit is availed in advance or later stage it is prerogative to the assesse - Once the appellant have reversed the cenvat credit in respect of common input ser...

Excise – Cestat Ahmedabad: Free supply of pump during warranty period are covered under ‘activities relating to business’ and is a vital part of the business activity of the respondent, hence Cenvat credit allowed on the...

Excise – Cestat Chennai: Once the Tribunal had given a specific direction to extend the cum-duty benefit to the appellant, the Adjudicating Authority and Commissioner ought to have followed it – Appeal allowed [Order att...

Excise – Cestat Chennai: In the case of inter-unit transfer of goods for captive consumption, 100% of the cost of production would be the cost of raw material of the another unit, and not 115%/100% – Appeal allowed [Orde...

Excise – Cestat Hyderabad: When the invoices for input services are not disputed by the Revenue, the availment of Cenvat credit by the unit of an ISD Distributor cannot be denied on the ground that the service was availe...

Excise – Cestat Kolkata: Shipping port will also fall within the definition of ‘Place of Removal’, hence Cenvat credit allowed for the services rendered by the CHA in the movement of goods - Appeal allowed [Order attache...

Excise – Gujarat High Court: Circular reiterates the requirement to grant three opportunities of personal hearing with sufficient interval - To insist on someone to appear on that very day of the issue of notice even if...

Excise – Cestat Chennai: Excess payment of duty due to the downward price revision was born by the assessee for which supplementary invoices were raised – Also, when the assessee has submitted the CA certificate to prove...

Excise – Cestat Mumbai: Liquidated damages cannot be included on value of manufacture for the purpose to levy excise duty – Appeal allowed [Order attached]

Excise – Cestat New Delhi: Issue in availment of Cenvat credit alleging that activity does not amounts to manufacture – Held that the SCN was issued without any authority of law as the jurisdictional officer of Supplier...

Excise – Cestat Mumbai: ‘Automobile cess’, not being a levy under Central Excise Act and not levied on basic excise duty, with ‘other cess’, that are exempted owing to exemption of basic excise duty, hence entitled to ‘a...

Excise – Cestat New Delhi: Waste generated during the repair or replacement of pipes are waste generated during the repair or maintenance of pipes and not during the process of production of oil, hence no excise duty can...

Excise – Supreme Court: Assessable value for the related party sales can be established by referring to the normal price under Section 4(1)(a) - Since Revenue itself is unclear on the correct method of valuation of the g...

Excise – Cestat Bangalore: Though there is a slight discrepancy in the description in invoices, but no discrepancy pointed out regarding the stock of raw material and the return submitted for job work by the Appellant, h...

Excise – Cestat Chandigarh: Once goods are supplied against proper cenvatable invoice, buyer cannot go beyond that and verify whether registered dealer had purchased the goods legally – Appeal allowed [Order attached]

Excise – Allahabad High Court: Issue whether refund is allowed of unutilized Krishi Kalyan Cess – Held as the matter is pending before Apex Court, Tribunal either could have decided the issue on merits or retain the matt...

Excise – Cestat Ahmedabad: Even if Capital goods are used for exempted intermediate goods, the Cenvat credit cannot be denied when the final product is cleared on payment of duty – Appeal allowed [Order attached]

Excise – Cestat Ahmedabad: Appellant has already paid the excise duty/ Cenvat on the clearances of goods on which the demand was raised, hence there is no case of demand under Rule 6(3) – Appeal allowed [Order attached]

Excise – Cestat Ahmedabad: The essential condition for availment of Cenvat credit is that it should be used in or in relation to manufacture of the final product and even if the same are used outside the factory – Appeal...

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