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Service tax – Cestat New Delhi: Interest on pre-deposit is to be granted as per Section 35 FF @ 12% (and not @6%) from the date of deposit till the date of refund – Appeal allowed [Order attached]

Service tax – Cestat Chennai: As there has been no clubbing of different quarters at Appellant’s end while filing the refund claim, hence time limit will be one year for each of the different quarters – Tribunal at appel...

Service tax – Cestat Kolkata: At the time of issuance of invoices (prior to 11.07.2014), no time limit of Cenvat credit availment was prescribed and hence limitation period of 6 months cannot be made applicable -– Whenev...

Customs – Cestat New Delhi: Nothing in Regulation of the CBLR, 2018 requires the Customs Broker to obtain a certificate from any officer that the exporter is bonafide - If the officers report that some exporters are not...

Customs – Cestat New Delhi: Buyer Beware is a well established principle and it requires the buyer of any goods to take reasonable precautions with respect to what he is buying – Duty is payable on forged license/scrip u...

Excise – Cestat Kolkata: There is no provisions for reversal of any credit in case of clearance of waste and scrap and/or, their non-return from the job worker’s premises, hence no reversal of Cenvat Credit required – Ap...

Service tax - Bombay High Court: Common application of SVLDRS for different category of arrear is allowed – Amounts payable would have come under the different categories does not mean the party should be made to pay som...

Excise – Cestat New Delhi: If the amount deposited prior to adjudication has not been adjusted at the adjudication stage nor at the stage of settlement under SVLDR Scheme, the said amount is the amount lying with the Dep...

Excise – Cestat Ahmedabad: General scrap of packing material and of old and used capital goods which are cleared cannot be considered as scrap arising out of the manufacture of scrap and scrap generated - Hence such gene...

Service Tax - Cestat Ahmedabad: As the activity of the appellant is predominantly of manufacture and sale of goods, the same cannot be charged with service tax under Works Contract service – Appeal allowed [Order attache...

Service Tax - Cestat Chennai: If the refund claim is initially filed within time, the resubmission of the claim has to be considered in continuation of the earlier claim and cannot be held to be time-barred – Refund allo...

Excise - Cestat Kolkata: Private records obtained from residence of employee relied upon by the Revenue cannot be a basis to uphold the serious charge of clandestine clearance - It is settled legal position that charge o...

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