CESTAT Tax Cases Monthly Round Up: July 2024

Update: 2024-08-01 03:44 GMT
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No Service Tax Payable By CIPLA On Manufacturing And Exporting Of Pharmaceutical Products: CESTATCase Title: Commissioner, Central Excise And Service Tax Versus CIPLAThe Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that no service tax is payable by Cipla on the manufacturing and export of pharmaceutical products.Samsung India Entitled To Customs...

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No Service Tax Payable By CIPLA On Manufacturing And Exporting Of Pharmaceutical Products: CESTAT

Case Title: Commissioner, Central Excise And Service Tax Versus CIPLA

The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that no service tax is payable by Cipla on the manufacturing and export of pharmaceutical products.

Samsung India Entitled To Customs Duty Exemption On Imported IC-Codecs: CESTAT

Case Title: M/s. Samsung India Electronics Pvt. Ltd Versus Commissioner Of Customs

The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that Samsung India is entitled to customs duty exemption on imported IC-Codecs.

CESTAT Quashes Service Tax Demand On Insurance Auxiliary Service And Short Account Of Insurance Premium Income

Case Title: M/s Oriental Insurance Company Limited Versus Principal Commissioner of Central Excise

The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has quashed the service tax demand on insurance auxiliary services and short accounts of insurance premium income.

Attempt To Export SCOMET Item Without Authorization Is Serious Violation; CESTAT Upholds Penalty Against Customs Broker

Case Title: Flyover Cargo Pvt. Ltd. Versus Commissioner, Customs-New Delhi (Airport And General)

The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that an attempt to export specialized chemicals, organisms, machinery, equipment, and technology (SCOMET) items without the required authorization is a serious violation.

SBI Not Entitled To Refund Of Krishi Kalyan Cess: CESTAT

Case Title: M/s SBI Cards And Payment Service Ltd Versus Commissioner of CGST & CE, Gurugram

The Chandigarh Bench of Customs, Excise, and Service Appellate Tribunal (CESTAT) has observed that SBI is not entitled to refund of Krishi Kalyan Cess (KKC).

Different Addresses, Registration Of Premises Not Pre Condition For Availing Cenvat Credit: CESTAT

Case Title: Shreyas Infotech Versus Commissioner of CGST

The Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the registration of premises is not a condition precedent for availing cenvat credit.

Discounts Declared For Small Mid Segment Cars Can't Be Allowed To Luxury Model Cars: CESTAT

Case Title: M/s. Toyota Kirloskar Motor Private Limited Versus The Commissioner of Central Tax

The Bangalore Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the cross-model utilisation of discounts is not admissible.

No Service Tax Payable On Construction Services Provided To Educational Institutions Prior To 30.06.2012: CESTAT

Case Title: Sri Mookambigai Constructions India Pvt. Ltd. Versus Commissioner of GST & C. Ex, Coimbatore

The Chennai Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that service tax is not payable on the construction services provided to educational institutions for the disputed period, which is prior to 30.06.2012.

Manufacturing Of Aircrafts Parts Covered Under “Engineering Goods”, No Excise Duty Payable: CESTAT

Case Title: M/s.Taneja Aerospace and Aviation Ltd. Versus The Commissioner of CGST & Central Excise

The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that excise duty exemption is available on the manufacturing of aircraft parts.

Refund Can't Be Denied On Ground That It Earlier Period: CESTAT

Case Title: Gujarat Ambuja Exports Ltd Versus Commissioner of C.E. & S.T.-Ahmedabad

The Ahmedabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the refund cannot be denied on the ground that the refund pertains to an earlier period.

Co-Owners Holding Immovable Property To Be Treated As Independent Service Provider For Service Tax Exemption: CESTAT

Case Title: Shri Kamleshkumar K Kotecha Versus Commissioner of Central Excise & ST

The Ahmedabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that co-owners holding immovable property should be treated as independent service providers for the purpose of availing service tax exemption.

Cement Manufacturer Entitled To Cenvat Credit On Welding Electrodes: CESTAT

Case Title: M/s. Nuvoco Vistas Corporation Limited Versus

The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that cement manufacturers are entitled to cenvat credit on welding electrodes as inputs used in the manufacture of final products, namely cement and clinker.

Black Sand Not A By-Product, Just A Waste; CESTAT Quashes Excise Duty

Case Title: M/s. Ashok Leyland Ltd. Versus Commissioner of GST & Central Excise

The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has clearly erred in fastening the appellant with duty liability on black sand, which was not manufactured.

Assessee Entitled To Cash Refund Of Cenvat Credit On Amount Of CVD And SAD Paid After 01.07.2017: CESTAT

Case Title: Assistant Commissioner Versus Shakti Pumps

The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the assessee is entitled to a cash refund of CENVAT credit on the amount of cash of countervailing duty (CVD) and special additional duty (SAD) paid even after July 1, 2017.

CESTAT Quashes Service Tax Demand On Housekeeping Services Provided To UN Agencies

Case Title: M/s Corporate Housekeeping Services (India) Private Limited Versus Commissioner of Service Tax

The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has quashed the service tax demand in respect of housekeeping services provided to UN agencies and educational institutions.

Bagasse Is Not A Manufactured Item And Not Dutiable: CESTAT

Case Title: M/s Daurala Sugar Works Versus Commissioner of Central GST, Meerut

The Allahabad bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that bagasse is not a manufactured item and hence not dutiable and does not attract Rule 6(3) of the CENVAT Credit Rules, 2002 (CCR 2004).

Activity Of Electroplating Amounts To Manufacture, No Service Tax Payable: CESTAT

Case Title: Daljeet Singh Versus Commissioner of Central Excise And Service Tax, Shimla

The Chandigarh Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT)has held that the activity of electroplating amounts to manufacture and no service tax is payable.

Suncros UVA Lotion/Gel/Hyclean Cream Classifiable As Medicaments: CESTAT

Case Title: VVF India Limited Versus Commissioner of C.E. & S.T.-Daman

The Ahmedabad Bench of Customs Excise and Service Tax Appellate Tribunal (CESTAT) has held that Suncros UVA Lotion, Gel, and Hyclean Cream are classifiable as medicaments.

Black Sand Not A By-Product, Just A Waste; CESTAT Quashes Excise Duty

Case Title: M/s. Ashok Leyland Ltd. Versus Commissioner of GST & Central Excise

The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has clearly erred in fastening the appellant with duty liability on black sand, which was not manufactured.

Assessee Entitled To Cash Refund Of Cenvat Credit On Amount Of CVD And SAD Paid After 01.07.2017: CESTAT

Case Title: Assistant Commissioner Versus Shakti Pumps

The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the assessee is entitled to a cash refund of CENVAT credit on the amount of cash of countervailing duty (CVD) and special additional duty (SAD) paid even after July 1, 2017.

CESTAT Quashes Service Tax Demand On Housekeeping Services Provided To UN Agencies

Case Title: M/s Corporate Housekeeping Services (India) Private Limited Versus Commissioner of Service Tax

The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has quashed the service tax demand in respect of housekeeping services provided to UN agencies and educational institutions.

Bagasse Is Not A Manufactured Item And Not Dutiable: CESTAT

Case Title: M/s Daurala Sugar Works Versus Commissioner of Central GST, Meerut

The Allahabad bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that bagasse is not a manufactured item and hence not dutiable and does not attract Rule 6(3) of the CENVAT Credit Rules, 2002 (CCR 2004).

Activity Of Electroplating Amounts To Manufacture, No Service Tax Payable: CESTAT

Case Title: Daljeet Singh Versus Commissioner of Central Excise And Service Tax, Shimla

The Chandigarh Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT)has held that the activity of electroplating amounts to manufacture and no service tax is payable.

Suncros UVA Lotion/Gel/Hyclean Cream Classifiable As Medicaments: CESTAT

Case Title: VVF India Limited Versus Commissioner of C.E. & S.T.-Daman

The Ahmedabad Bench of Customs Excise and Service Tax Appellate Tribunal (CESTAT) has held that Suncros UVA Lotion, Gel, and Hyclean Cream are classifiable as medicaments.

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