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Excise, VAT & CST Case Laws and Tribunal Judgments
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Excise / VAT / CST
Excise – Cestat Ahmedabad: Post issuance of SCN, the Appellant is allowed to make the delayed payment of duty by utilizing CENVAT credit and is not required to pay in cash - The matter is no longer a res-integra – Appeal...
Excise: Cestat Mumbai - The goods, in issue, even though it is used outside the factory, since it is used in or in relation to the manufacture of final product, the credit is admissible; Availment of Cenvat credit has be...
Excise – Cestat Mumbai: Notifications enhancing the rate of duty would be effective from the date and time of its publication in its Official Gazette and not from the date of its issue - Uploading in the website of the C...
Excise – Cestat Chennai: Appellants are eligible to get the concessional rate of duty as per the Notification in regard to finished goods since it is a case of de-bonding and not DTA sale - Refund of excess duty paid on...
Excise – Cestat Chennai: In case inter-unit transfer the actual cost of production (100% of the cost of production), of the raw material procured from one unit [excluding the notional loading under Rule 8 – 15% / 10%] is...
Excise – Cestat Ahmedabad: Buyer’s premises cannot, in law, be a “place of removal” - Merely because the appellant is under obligation to deliver the goods at the buyer’s premises, the place of removal which is a factory...
Excise – Cestat Kolkata: Iron and steel, cement, welding electrodes etc. used in the factory in the manufacture of storage tank and also for pollution control system are Inputs and are eligible for CENVAT credit – Appeal...
Karnataka VAT – Supreme Court of India: Mere production of the invoices or the payment made by cheques is not enough and cannot be said to be discharging the burden of proof - In the absence of cogent material like furni...
Excise – Cestat Chennai: There is consensus ad idem to transfer the ownership along with assets and liabilities to the lessee unit - Thus, the rejection of the request to transfer Cenvat credit balance to the newly trans...
Excise – Cestat Chennai: Cost of free supply material received from buyer is not to be included in the assessable value, hence demand is not sustainable on ground of under valuation – Appeal allowed [Order attached]
Excise – Cestat Mumbai: MS Angles, Beams, Plates, channels etc. were treated as capital goods and CENVAT credit is allowed on the same – Appeal allowed [Order attached]
Excise – Cestat Chennai: Input service credit distributed by ISD is not inadmissible on the pretext that invoices did not contain all the particulars as required in terms of Rule 4A; There is no revenue loss to exchequer...
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