SERVICE TAX SECTION
2009-TIOL-1757-CESTAT-DEL.pdf
CCE, Indore Vs M/s Vikram Cement (Dated: May 12, 2009)
Central Excise – CENVAT Credit on input services used outside the factory premises - The Commissioner (Appeals) rightly held that there is no provision that the services received outside the factory would not make eligibility for the credit. If the impugned service is in or in relation to the manufacture of final product, credit is admissible – Rule 2(l) of the CENVAT Credit rules 2004.:DELHI CESTAT; 2009-TIOL-1756-CESTAT-MAD.pdf
M/s Suja Rubber Industries Pvt Ltd Vs CCE, Pondicherry (Dated: June 19, 2009)
Service Tax – CENVAT Credit – service tax paid on GTA service for outward transportation is eligible for credit.:CHENNAI CESTAT;
CENTRAL EXCISE SECTION
2009-TIOL-1759-CESTAT-MAD.pdf
M/s Praveen Foundry Pvt Ltd Vs CCE, Coimbatore (Dated: June 19, 2009) Central Excise – penalty – default in payment of monthly duty liability under Rule 8 – the appellant paid the duty with interest – no case for penalty under Rule 25 of the Central Excise Rules, 2002 – Maximum penalty of Rs 5,000/- could only be imposed under Rule 27. :CHENNAI CESTAT; 2009-TIOL-1758-CESTAT-MUM.pdf
CCE, Pune-II Vs M/s Three M Paper Manufacturing Co Pvt Ltd (Dated: September 17, 2009)
Waste paper is an input - Scrap of iron strips, pin clips etc. used for bundling paper waste cleared without payment of duty – duty paid at department's behest – no cause for payment of any duty in view of SC judgment in West Coast Paper Mills [2003-TIOL-03-SC-CX] and Board's Circular 721/37/2003-CX dated 6.6.2003 – Refund cannot be denied citing unjust enrichment – Tribunal decision in GE BE Pvt. Ltd. [2008-TIOL-2685-CESTAT-BANG] relied upon – Revenue appeal rejected.:MUMBAI CESTAT;
CUSTOMS SECTION
2009-TIOL-1760-CESTAT-MAD.pdf
Selvakumaran Offset Printers Vs CC, Trichy (Dated: July 15, 2009)
Customs – second hand printing machinery imported without licence – confiscation, fine and penalty under Section 125 – option to redeem the goods should have been given to the purchaser of the good, not to the importer – But importer is still liable to penalty.:CHENNAI CESTAT; |