CCI Online Coaching    |    x

Rate of interest on delayed payment of duty as applicable during the impugned period - Issues therein

 11 May 2016

The Hon-ble CESTAT, Chennai held as under: - The Adjudicating Authority had rightly computed the interest amount from the due date till the date of payment in respect of demand for the month of January, 2011, by working out interest at 13% up to M

Posted in Excise |    0 comments |   0 hits


1 year time limit to claim refund under Rule 5 of CCR reckoned from the date of receipt of export proceeds and not from date of export of services

 12 April 2016

The Hon-ble CESTAT, Bangalore held that although there is no specific 'relevant date' under Section 11B of the Excise Act to claimrefund of unutilized credit, but, that would not rule out applicability of Section 11B. Relevant date should be the date

Posted in Service Tax |    0 comments |   513 hits


Rebate of Excise duty admissible on both inputs & final products

 05 April 2016

Hon-ble Apex Court held that it cannot be the intention of the Legislature to provide rebate only on one item i.e. either on inputs or final products. It was further held that giving such restrictive meaning to Rule 18 of the Excise Rules would not o

Posted in Excise 1 comments |   549 hits


No Service tax on sharing of resources and cost/ expenses with the Group Companies

 30 March 2016

The Hon-ble CESTAT, Mumbai held that reimbursement of the cost of obtaining and employing resources/certain expenses incurred by the Appellant on the behalf of the Group Companies cannot be regarded as consideration flowing to the Appellant towards t

Posted in Service Tax |    0 comments |   710 hits


Construction Services provided to IIT exempt even though Government does not hold 90% or more equity/control in it

 26 March 2016

The Hon-ble High Court of Patna held as under: The -Governmental authority- as defined in the Notification dated January 30, 2014, means an authority or a board or any other body set up by an Act of Parliament or State Legislature; The provisio

Posted in Service Tax 1 comments |   748 hits


No Service tax could be levied if there was a transfer of right to use goods irrespective of the fact that the transfer was non-exclusive

 21 March 2016

The transaction in question qualified as a transfer of right to use goods and, consequently, be outside definition of -service- under Section 65B(44) of the Finance Act and no Service tax could be levied on such transaction.

Posted in Service Tax |    0 comments |   934 hits


Cenvat credit available of Service tax paid on construction of commercial complex used for renting of immovable property

 24 February 2016

The Hon-ble CESTAT, Mumbai heard both sides and observed the contention submitted by the Appellant that unless the commercial complex is constructed and completed in all respects, the same could not be rented out by the Appellant is a common sense.

Posted in Service Tax 6 comments |   1295 hits


Assessee cannot be asked to reverse input tax credit due to non-payment of taxes by the selling dealer

 23 February 2016

The Hon-ble High Court of Madras relied upon the decision in the case of Sri Vinayaga Agencies Vs. the Assistant Commissioner (Ct), Chennai and another [(2013) 60 VST 283 (Mad)] and held that when the fact of Petitioner paying the taxes to his suppli

Posted in VAT |    0 comments |   1333 hits


No bar on admissibility of Cenvat credit either as Inputs or Capital goods at any stage of proceedings

 22 February 2016

The Hon-ble CESTAT, Kolkata held that since, the Department has dropped six periodical Show Cause Notices issued for the subsequent period following the principle laid down in the Jayaswal Neco Ltd. case, that Cenvat credit is admissible on rails and

Posted in Excise |    0 comments |   1148 hits


Provision of unjust enrichment not applicable in case of inadvertent excess payment of interest - It is in the nature of deposit and not as Duty

 19 February 2016

The Hon-ble CESTAT, Mumbai relying upon the case of Commissioner of Customs, Cochin Vs. Rajesh Chemicals - [2006 (196) E.L.T. 64 (Tri-Bang)], held that the provision of unjust enrichment wouldn-t be applicable as the excess amount paid by mistake was

Posted in Custom |    0 comments |   1131 hits


When the proceedings against the manufacturer stand concluded on payment of disputed amount of duty along with interest and penalty, no penalty would be imposable under Rule 26 of the Excise Rules on other persons like traders

 18 February 2016

The Hon-ble CESTAT, Mumbai has relying upon the case of Commissioner of Central Excise, Raipur Vs. Abir Steel Rolling Mills [2013 (7) TMI 405 - CESTAT NEW DELHI], held that when the proceedings against the Respondent stand concluded on payment of dis

Posted in Excise |    0 comments |   1150 hits


Merely on the basis of papers/documents found from residence of Director/Employee, it cannot be concluded that the company has removed goods without payment of duty

 17 February 2016

The Hon-ble CESTAT, Delhi has relied upon the plethora of judgments and held that merely on the basis of papers/records seized allegedly containing the production & dispatch or statement of any employee/director of the Appellant accepting the facts w

Posted in Excise |    0 comments |   846 hits


Cenvat credit of Service tax paid on outward transportation is available when ownership of goods has been transferred from seller to buyers at buyer’s premises

 13 February 2016

The Hon-ble CESTAT, New Delhi relying upon the plethora of judgments and by observing various provisions in this regard, held that in the instant case, buyer has borne risk of damage to goods during transit and freight charges were an integral part o

Posted in Service Tax 1 comments |   959 hits


Margin earned by franchisees on sale of SIM cards/recharge coupons not liable to service tax

 12 February 2016

The Hon-ble CESTAT, Allahabad relying upon plethora of judicial pronouncements held that in the instant case, BSNL has already paid Service tax on the SIM cards and recharge coupons sold to the Appellant and therefore, again demanding Service tax fro

Posted in Service Tax 4 comments |   823 hits


The transfer of shares of an Indian company by a holding Company to another holding Company results in disallowance of brought forward losses

 28 January 2016

The transfer of shares of an Indian company by a holding Co (Yum Asia) to another holding Co (Yum Singapore) results in change of -beneficial ownership- of shares and results in disallowance of b/fd losses even though the ultimate beneficial owner re

Posted in LAW |    0 comments |   926 hits


ITAT Power to grant stay beyond 365 days

 21 January 2016

Even in case of substituted third proviso to Section 254(2A) of the Act which restricts the power of the ITAT to grant stay beyond 365 days -even if the delay in disposing of the appeal is not attributable to the assessee- has been struck down in Pep

Posted in LAW |    0 comments |   866 hits


Suspicion of highest degree cannot take place of evidence

 20 January 2016

Bogus Sales/ Purchases: Addition solely on the basis of information received from the sales-tax department is not sustainable. Suspicion of the highest degree cannot take the place of evidence.

Posted in Others |    0 comments |   662 hits


Where purchase price fixed in first contract has been subsequently revised prior to importation of goods, then the Customs duty would be payable on revised price

 22 December 2015

The Hon-ble Apex Court held that price was genuinely revised & gets reduced by amending the MOA and there was nothing wrong on the part of the Appellant to declare the price in the BOE. Hence, Customs duty should be determined on the basis of assessa

Posted in Custom 1 comments |   762 hits


Assessable value would be the transaction value where it isn’t influenced by the relationship between the buyer and the seller

 21 December 2015

Hon-ble Tribunal held there is no reason to differentiate between the cars imported under Carnet and the cars imported otherwise. Valuation under Section 14 of the Customs Act clearly provides that the value shall be the transaction value where the b

Posted in Custom |    0 comments |   754 hits


Provisions of interest on belated refund in terms of Section 27A of the Customs Act also applies on belated refund of SAD

 18 December 2015

The Hon-ble High Court of Delhi held that 'Duty' as defined in Section 2(15) of the Customs Act, is wide enough to cover all kinds of duty, including SAD. Hence, as per Section 3(8) of Customs Tariff Act, provisions of Customs Act insofar as they rel

Posted in Custom |    0 comments |   746 hits






Updated on : 27/09/2016 19:18:00



close x