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INNOVATIVE INCENTIVE AND EVENTS PVT LTD vs. COMMISSIONER OF CENTRAL EXCISE, CENTRAL GOODS AND SERVICE TAX, CHANDIGARH
CESTAT Chandigarh, Sep 12, 2024

PER : S. S. GARG, (JM) 1. The present appeal is directed against the impugned order dated 08.08.2013 passed by the Commissioner of Central Excise & Service Tax,...

PER : S. S. GARG, (JM) 1. The present appeal is directed against the impugned order dated 08.08.2013 passed by the Commissioner of Central Excise & Service Tax, Chandigarh-I, whereby the learned Commissioner confirmed the demand of service tax of Rs.93,44,332/-u/s 73(1) of the Finance Act, 1994 along with interest u/s 75 ibid and also imposed equal penalty u/s 78 ibid. 2. Briefly stated facts of the present case are that the Appellant i

Legislation Referred To : Section 11A(1) of the Excise Act, 1944

M/S SHREE BALAJI TRADERS vs. COMMISSIONER CENTRAL EXCISE & CGST, LUCKNOW
CESTAT Allahabad, Sep 12, 2024

SANJIV SRIVASTAVA, (TM): 1. These appeals are directed against Order-in-Appeal No.77-ST-APPL-LKO-2020 dated 20.03.2020. By impugned order Commissioner (Appeal) has held...

SANJIV SRIVASTAVA, (TM): 1. These appeals are directed against Order-in-Appeal No.77-ST-APPL-LKO-2020 dated 20.03.2020. By impugned order Commissioner (Appeal) has held as follows, while allowing the appeals filed by the department: “6. I have gone through the case record. It is apparent from the record that the amount refunded by O I O dated 15.07.2019 was not a pre-deposit under Section 35F of the said Act. Hence there is no ground to

Legislation Referred To : Rule 6 of the CENVAT Credit Rules, 2001

M/S. RAKESH TYRES SERVICES vs. COMMISSIONER OF CENTRAL GST AND CENTRAL EXCISE
CESTAT New Delhi, Sep 11, 2024

BINU TAMTA, (JM): 1. Challenge in the present appeal is to the order-in-appeal no.397(SRM)ST/JDR/2018 dated 04.04.2018, whereby the appeal filed by the Department was...

BINU TAMTA, (JM): 1. Challenge in the present appeal is to the order-in-appeal no.397(SRM)ST/JDR/2018 dated 04.04.2018, whereby the appeal filed by the Department was allowed and the impugned order-in-original dropping the demand was set aside. 2. The facts leading to the present case are that the appellant is engaged in providing services of retreading of tyres of motor vehicles to their clients during the period from April, 2007 to March,

HUBERGROUP INDIA PVT LTD vs. COMMISSIONER OF C.E. & S.T.-DAMAN
CESTAT Ahmedabad, Sep 11, 2024

RAMESH NAIR, (JM) 1. The issue involved in the present case is that whether the appellant is entitled for cash refund against the accumulated and unutilized Cenvat...

RAMESH NAIR, (JM) 1. The issue involved in the present case is that whether the appellant is entitled for cash refund against the accumulated and unutilized Cenvat credit of Education Cess and Secondary & Higher Education Cess in the light of Section 142 (3) of CGST Act, 2017 read with Section 11B of Central Excise Act, 1944. 2. Shri S. Suriyanarayanan, Learned Counsel appearing on behalf of the appellant at the outset submits that the

Legislation Referred To : Section 11B of Central Excise Act, 1944

M/S CHHEDA DEVELOPMENTS vs. COMMISSIONER OF CGST & CENTRAL EXCISE, THANE
CESTAT Mumbai, Sep 11, 2024

1. Order for proportionate reversal of CENVAT Credit to the tune of ?16,39,155/-calculated on the basis of unsold flats available on the day of issue...

1. Order for proportionate reversal of CENVAT Credit to the tune of ?16,39,155/-calculated on the basis of unsold flats available on the day of issue of completion/occupancy certificate to the builder, Appellant herein, that received affirmation of the Commissioner of GST & Central Excise (Appeals Thane), Mumbai vide his above referred order is assailed in this appeal. 2. Fact of the case, in a nut shell, is that Appellant is engaged in

Legislation Referred To : Explanation-3 to Rule, 6 of CENVAT Credit Rules, 2004

M/S INTEGRATED GLOBAL SOLUTIONS PRIVATE LIMITED vs. COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, CHANDIGARH-I
CESTAT Chandigarh, Sep 11, 2024

PER S. S. GARG, (JM) 1. The present appeal is directed against the impugned order in appeal no. ST/58537/2013 dated 12.03.2013 whereby the Commissioner has confirmed...

PER S. S. GARG, (JM) 1. The present appeal is directed against the impugned order in appeal no. ST/58537/2013 dated 12.03.2013 whereby the Commissioner has confirmed the recovery of Cenvat credit amounting to Rs. 37,39,517/-as per Rule 14 of the Cenvat Credit Rules read with Section 73 of the Finance Act along with interest under Section 75 of the Finance Act and also imposed equal penalty under rule 15 of the Cenvat Credit Rules, 2004. 2.

Legislation Referred To : Section 5A(1A) of the Excise Act, 1944

M/S. KAJARIA CERAMICS LIMITED vs. COMMISSIONER OF CENTRAL GOODS & SERVICE TAX COMMISSIONERATE
CESTAT New Delhi, Sep 10, 2024

BINU TAMTA, (JM): 1. Separate appeals have been filed by M/s. Kajaria Ceramics Limited[1] and the two Directors, challenging the order-in-original...

BINU TAMTA, (JM): 1. Separate appeals have been filed by M/s. Kajaria Ceramics Limited[1] and the two Directors, challenging the order-in-original no.ALW-EXCUS-000-COM-41-17-18 dated 05.02.2018, whereby the demand of service tax along with interest and penalty was affirmed. 2. The appellant is manufacturing ceramic tiles and is having central excise registration as well as service tax registration. Considering the fragile nature of the tile

PRINCIPAL COMMISSIONER, CGST vs. ADANI POWER LIMITED
CESTAT Ahmedabad, Sep 10, 2024

RAMESH NAIR, (JM) 1. M/s. Adani Power Ltd., Shikhar Building, Adani House, Near Mithakhali Six Roads, Navrangpura, Ahmedabad 380 009 (the claimant) are registered with...

RAMESH NAIR, (JM) 1. M/s. Adani Power Ltd., Shikhar Building, Adani House, Near Mithakhali Six Roads, Navrangpura, Ahmedabad 380 009 (the claimant) are registered with Service Tax department having Service Tax registration No. AABCA2957LST001. The claimant was permitted vide letter No. F.2/487/2006-SEZ dated 19.12.2006, issued by the Development Commissioner, Kandla Special Economic Zone Kandla for setting up of a Special Economic Zone for Pow

Legislation Referred To : Rule 4A of Service Tax Rules, 1994

M/S. GSN CONSTRUCTION vs. COMMISSIONER OF CENTRAL GOODS & SERVICE TAX, CUSTOMS AND CENTRAL EXCISE
CESTAT New Delhi, Sep 10, 2024

BINU TAMTA, (JM): 1. M/s GSN Construction has assailed the Order-in-Appeal No.BHO-EXCUS-001-APP-035-18-19 dated 20.04.2018 confirming the demand of service tax along...

BINU TAMTA, (JM): 1. M/s GSN Construction has assailed the Order-in-Appeal No.BHO-EXCUS-001-APP-035-18-19 dated 20.04.2018 confirming the demand of service tax along with interest and penalty under the provisions of the Finance Act, 1944. 2. The appellant is registered for providing taxable service of “Manpower Supply Service”, “Construction Services”, other than residential complex, including commercial, industrial

SYNERGY SEAPORTS PVT LTD vs. COMMISSIONER OF C.E. & S.T.-RAJKOT
CESTAT Ahmedabad, Sep 10, 2024

RAMESH NAIR, (JM) 1. The present appeal is filed by the Appellant against the Order-In-Appeal No. KCH-EXCUS-000-APP-263-2021 dated 30.12.2021 wherein the refund...

RAMESH NAIR, (JM) 1. The present appeal is filed by the Appellant against the Order-In-Appeal No. KCH-EXCUS-000-APP-263-2021 dated 30.12.2021 wherein the refund of Rs.1,85,79,431/-is rejected by the first appellate authority. 1.1 Brief facts leading to the present dispute are that the Appellant is a steamer agent providing services to foreign based vessel owners/shipping lines. The Government of India vide Notification No. 01/2017-ST dated 12

Legislation Referred To : Rule 2(1)(d)(EEC) of Service Tax Rules, 1994

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