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Excise – Cestat Kolkata: Cenvat credit can be availed on raw materials used to prepare bulk explosive including storage tanks and special vehicles – Appeal allowed [Order attached]

Excise – Cestat Mumbai: Refund of Cenvat Credit of inputs are allowed to Reliance on inadvertent reversal of credit under Rule 6 on impression that ‘Liquefied petroleum gas (LPG)’ is exempted goods [Order attached]

Service Tax – Cestat Ahmedabad: Cenvat credit is entitled in respect of services namely Management Consultant Service etc. paid under reverse charge mechanism, as section 66A was added retrospectively in Rule 3 for allow...

Service tax – Cestat New Delhi: As the Appellant has borne the incidence of tax paid by mistake, refund can be claimed by them – Appeal allowed [Order attached]

Service Tax – Cestat Chennai: Department has to refrain from issuing Show Cause Notice if the appellant pays up the Service tax along with interest as ascertained by himself or by the officers – No penalty is leviable [O...

Excise - Cestat Kolkata: Order cannot be passed on an issue, the allegation of which were not made in the SCN - The proceedings have traveled clearly beyond the scope of SCN which cannot be legally sustained [Order attac...

Excise – Cestat New Delhi: The liability to pay presumptive amount of reversal under Rule 57CC arises only for final product and not for waste; Duty cannot be demanded on the parts of the old plant, as these are not manu...

Excise – Cestat New Delhi: As no reasonable explanation in the impugned order and also in the previous order of this Tribunal were there, whereby the clandestine removal of finished goods been alleged, hence no penalty...

Customs – Cestat Mumbai: Antenna since parts of BTS, as held by Hon'ble Supreme Court in Hutchison Essar South Ltd.'s case, cannot be considered as a 'machine' hence to be classified as "parts" under Tariff Item 8517.70....

Excise – Cestat New Delhi: As the appellant had purchased the entire unit, as is clear from the MOU itself and the agreement for transfer is for entire industrial property, which comprised plant and machinery also, hence...

Service tax - Cestat Chennai: Time line to file refund claim ought to be computed from the date of original submission of the refund claim and not the date of resubmitting the claim after rectifying the documents – Appea...

Service tax - Cestat Mumbai – Refund of accumulated Cenvat credit cannot be denied on the argument that Appellant has not undertaken exports as they had themselves conducted ‘clinical trials’ on goods supplied to holding...

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