EXCISE
GST Migration Not Taxpayer's Burden: Delhi HC Directs CESTAT To Hear Appeal After Pre-Deposit Was Made Under Excise Head Due To Portal Failure
The Delhi High Court has held that where the Service Tax portal had become non-functional after the migration to the GST regime, the taxpayer cannot be compelled to make the mandatory pre-deposit strictly under the Service Tax ledger for maintainability of an appeal. The Court observed that once the deposit has already gone to the Government exchequer under the Excise Head. A Division Bench comprising Justice Prathiba M. Singh and Justice Saurabh Banerjee was hearing a writ petition ...
Peanut Butter Similar To Margarine; Not Exempt From Excise Duty: CESTAT
The Hyderabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the Peanut Butter is similar to Margarine in terms of usage, origin, fat content, etc. and therefore not eligible for excise duty exemption. Angad Prasad (Judicial Member) and A.K. Jyotishi (Technical Member) examined whether Peanut Butter could be considered similar to Margarine. If found similar, then it would not be exempt from excise duty; and if not similar, the exemption would...
Assessee Ineligible For Excise Duty Refund On Ambulances, Neither Manufacturer Nor Buyer U/S 11B(2)(e) Central Excise Act: CESTAT
The Chandigarh Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that the assessee is ineligible for excise duty refund on ambulances, as it is neither a manufacturer nor a buyer under Section 11B(2)(e) Central Excise Act. The bench further noted that the assessee was merely operating the ambulances under a government agreement, which does not make him a manufacturer or buyer. S.S. Garg (Judicial Member) and P. Anjani Kumar (Technical Member) observed...
Externally Procured Parts Supplied To Customer For Assembly, But Not Used By Manufacturer, Aren't Liable To Excise Duty : Supreme Court
The Supreme Court on Monday (November 10) dismissed the Revenue Department's excise duty demand against a company that had manufactured and erected a large boiler at a customer's site, holding that the full contract value could not be subjected to central excise duty. The Court clarified that parts bought out externally and supplied to the customer for assembly, but not actually used by the manufacturer, would not attract excise duty. “we arrive at the finding that the final product that...
Supreme Court Issues Notice On Patanjali Foods' Rs 2.97 Crore Excise Duty Refund Appeal
The Supreme Court has recently issued notice in an appeal filed by Patanjali Foods Limited (formerly Ruchi Soya Industries Ltd.) seeking a refund of Rs 2.97 crore charged by the tax department in connection with an excise duty dispute. A Division Bench of Justice Pamidighantam Sri Narasimha and Justice Atul S Chandurkar issued notice on both the main appeal and the application seeking condonation of delay. The appeal challenges the Karnataka High Court's judgment dated September 30, 2024, and...
Refund Claims Are Time-Barred Despite Non-Obstante Clause U/S 142(5) CGST Act: CESTAT Rejects Mahindra Holidays' Appeal
The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that the Non-Obstante Clause in Section 142(5) of the CGST Act (Central Goods and Services Tax Act, 2017) cannot override the limitation under Section 11B of the Central Excise Act. Ajayan T.V. (Judicial Member) and M. Ajit Kumar (Technical Member) stated that section 142(5) does not refer to overriding any particular provision, and hence the non obstante clause has to be examined and given a...
Customs | Drawback Cannot Be Denied On Grounds Of Alleged Forgery By Foreign Buyer Once Goods Are Exported: CESTAT
The New Delhi Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that drawback cannot be denied on the grounds of alleged forgery by a foreign buyer after goods are exported under the Customs & Central Excise Duties Drawback Rules 1995. The single bench consists of (Judicial Member) opined that any forgery, if revealed during a further investigation being committed by the Russian company vis-a-vis the Landing certificate in the light of Drawback...
CESTAT Quashes Excise Duty Demand Against Wipro Over Tamil Nadu Govt's Free Laptop Scheme
The Customs, Excise & Service Tax Appellate Tribunal (CESTAT) in Chennai on Wednesday quashed the excise department's demand for additional duty from Wipro Ltd., ruling that the company's supply of laptops to the Tamil Nadu government for free distribution to students cannot be treated as a commercial sale and therefore cannot be taxed at retail price. A two-member bench comprising Judicial Member P Dinesha and Technical Member M Ajit Kumar said the case was covered by an earlier...
Curtain Glass Affixed To Building Not Removable, Hence Not Liable To Central Excise Duty: CESTAT
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that curtain glass/ structural glazing affixed to building not removable, hence not liable to central excise duty. Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) were addressing the issue of whether the curtain glass fixed by the assessee in the form of works contract on the walls of buildings can be charged to central excise duty. In this case, the...
Excise Duty Exemption Not Available On Industrial Sewing Machines With In-Built Motors: CESTAT
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that excise duty exemption not available on industrial sewing machines with in-built motors. Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) were addressing the issue of whether the assessee is entitled to the benefit of exemption Notification No. 6/2006-CE dated 1.3.2006 (S. No. 15) and its successor Notification No. 1/2011CE dated 1.3.2011 (S. No. 97) on the ...
No Excise Duty On Manufacture Of Drip Irrigation System And Its Component Parts: CESTAT
The Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that no excise duty on manufacture of drip irrigation system and its component parts. S.K. Mohanty (Judicial Member) and M.M. Parthiban (Technical Member) observed that the impugned goods viz., polytubes, microtubes, HDPE pipes were used for Drip irrigation systems, the appropriate classification in terms of the CBEC circular dated 16.03.1998 would be under sub-heading no. 8424.91, and not...