No Service Tax Leviable on Commission received from Overseas Entities as Consideration for BAS as they are Export of Service: CESTAT [Read Order]
The Chandigarh bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT)has held that no service tax leviable on commission is received from overseas entities as consideration for Business Auxiliary Services (BAS) as they
No Excise Duty Demandable on Reversal of Cenvat Credit Attributable to Zinc Sulphate Cleared: CESTAT Remand Matter for Adjudication [Read Order]
The Chandigarh bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT)has held that Excise Duty is not demandable when the Cenvat credit attributable to zinc sulphate cleared reversed and remanded the matter for
Crane Hiring Service Falls Under Supply of Tangible Goods Service and Taxable: CESTAT [Read Order]
The Kolkata bench of the Customs, Excise & Service Tax Appellate Tribunal(CESTAT) has held that Crane Hiring Service Falls Under the Supply of Tangible Goods Service and Taxable.     M/s C. P. Construction Co, the
Supply of Aircraft /Helicopter on Charter Hire Along With Own Crew Falls under “supply of tangible goods services”: CESTAT [Read Order]
The Delhi bench of the Customs, Excise & Service Tax Appellate Tribunal(CESTAT) has held that the Supply of Aircraft /Helicopters on Charter Hire Along With Own Crew Falls under “supply of tangible goods services”. M/s.
Exemption for Payment of Excise Duty under Notification allowable When Installed Capacity of Factory has Enhanced Substantially by More Than 25%: CESTAT [Read Order]
The Kolkata bench of the Customs, Excise & Service Tax Appellate Tribunal(CESTAT) has held that exemption for payment of excise duty under notification is allowable when the installed capacity of  factory has been enhanced substantially
CESTAT Weekly Round-Up
CESTAT Weekly Round-Up This round-up analytically summarises the key stories related to the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) reported at Taxscan.in during December 10 to December 21, 2023 Grant of refund benefit
Demand of Duty can’t be sustained when Cenvat Credit Amount utilized in subsequent period and No loss has been made to Revenue: CESTAT [Read Order]
The Kolkata bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) held that the demand duty cannot be sustained when the cenvat credit amount is utilized in the subsequent period and no loss
Transfer of Credit in case of Closure of factory is permissible in terms of Rule 10 of CCR 2004: CESTAT [Read Order]
The Chennai bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that the transfer of credit in case of closure of a factory is permissible in terms of rule 10 of Comprehensive
In Absence of Proof of Receipt of Order-in-Original to Appellant sent by Speed Post, same can’t be held to have been Served: CESTAT [Read Order]
The Delhi bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that in the absence of proof of receipt of order-in-original to the appellant sent by speed post, the same cannot be
Claim of Excise Duty Exemption; No demand Valid on Turnover of Direct Exports and Export Through Merchant: CESTAT directs Denova Adjudication [Read Order]
The Kolkata bench of the Customs, Excise & Service Tax Appellate Tribunal(CESTAT) directed the denova adjudication on the Claim of Excise Duty Exemption, as the demand is not Valid as on Turnover of Direct Exports
Allegation of Failure to Follow Examination of Norms Prescribed under CBEC Circular While Allowing Conversion of Shipping Bill: CESTAT Dismisses Appeal [Read Order]
The Chennai bench of the Customs, Excise & Service Tax Appellate Tribunal(CESTAT) dismissed the appeal filed by the revenue department alleging that the commissioner failed to follow the examination of norms prescribed under the CBEC
Duty Exemption is Allowable u/s 5(1A) of Excise Act for First Clearance of 3500 MTs: CESTAT [Read Order]
The Bangalore bench of the Customs, Excise & Service Tax Appellate Tribunal(CESTAT) has held that duty exemption is allowable under section 5(1A) of the Excise Act, 1944 for the First Clearance of 3500 MTs. M/s.
Sub-Contract Service is Taxable: CESTAT upholds Service Tax on sub-contract work  for Map Making undertaken for the Main contractor between Period October 2007 to March 2008 [Read Order]
The Kolkata bench of the Customs, Excise & Service Tax Appellate Tribunal(CESTAT) upheld the Service Tax on sub-contract work for Map Making undertaken for the main contractor between the Period October 2007 to March 2008
Duty u/s 11A(2) of Central Excise Act Not Imposable as Duty has Paid before Issuance of SCN: CESTAT [Read Order]
In a recent case, the Bangalore bench of the Customs, Excise & Service Tax Appellate Tribunal(CESTAT) has held that duty under section 11A(2) of Central Excise Act, 1944 is not imposable as duty has paid
Mineral/Dressing of ore not Important to Formation of Concentrate: CESTAT upholds Taxability of Ore under Excise Tariff Act [Read Order]
The Kolkata bench of the Customs, Excise & Service Tax Appellate Tribunal(CESTAT) has held that the Mineral/Dressing of ore is not Important to the Formation of  Concentrate and upheld the taxability of ore under the