Member (Judicial) Archives

Refund of unutilized accumulated CENVAT Credit

Case Briefs Tribunals/Commissions/Regulatory Bodies

Investment advisory services to overseas entity/recipient to be considered as “export of service”: CESTAT Mumbai allows unutilised CENVAT credit refund

“The appellant had exported the services to the overseas entity/recipient, such service should be considered as ‘export of service’ and the resultant benefit of refund of the accumulated CENVAT Credit available in the books of account should be available to the appellants.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Construction services provided to Tsunami affected areas, not “Commercial or Industrial Construction Service”: CESTAT quashes Service Tax demand on Pal Promoters

Pal Promoters Pvt. Ltd. not liable to pay service tax on the construction services rendered to Tamil Nadu Police Housing Corporation (TNHPCL), Tsunami District Implementation Unit, Pudukkotai (TDIU) and for Peoples Development Association (PDA) and the demand is to be set aside as does not fall under Commercial or Industrial Construction Service.

Drawback payable on market value of goods

Case Briefs Tribunals/Commissions/Regulatory Bodies

Drawback due on goods will be payable when the amount is less than market value of goods: CESTAT

“If the transaction value (FOB value) is so high, that the drawback due on the goods exceeds the market value of the goods, then, as per section 76(1)(b) of the Customs Act, 1962, no drawback shall be allowed.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Mere tallying of certain entries does not make loose sheets as complete evidence of purchases and sales’: CESTAT sets aside excise duty demand

Even if the figures in the document are hypothetically taken to be correct figures, still the same must be proved with corroborative evidence otherwise the document becomes irrelevant.