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Appeal related to value of service cannot be appealed to the Hon’ble High court under section 35G of the Central Excise Act

The respondent assessee undertook a works contract for supply, erection, installation and commissioning of project. The supply included manufactured as well as bought out items. The revenue bifurcated the contract and demanded service tax on technical assistance rendered during the said project under “consulting engineer” service. A demand of about Rs.2 crores was confirmed along…

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GST refund cannot be rejected merely for manual filing of refund application

The petitioner is a pharmaceutical company. It took over business of another pharmaceutical company. It applied for registration in 2020 and sought refund of accumulated inverted input tax credit. It could not file refund electronically (on the portal) as it was not registered during the period in question. Accordingly, it filed manual refund application (through…

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Excise duty leviability on intermediate product which is not marketable

The assessee is a manufacturer of particle board. It is exempt from payment of central excise duty. During the course of manufacture, intermediate product viz. impregnated paper comes into existence. The Revenue proposed to demand central excise duty on such intermediate products. Periodical show cause notices were issued and demands were confirmed. The appellate authority…

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Input tax credit cannot be denied under section 16(4) in terms of Notification No. 09.2023-CT dated 31.03.2023 and the Notification No. 56/2023-CT dated 28.12.2023

The petitioner is undertaking works contract for the State Government. It could not file GSTR-3B return in time for want of receipt of consideration. The input tax credit was disallowed on the ground that the time under section 16(4) of the CGST had lapsed. Accordingly, demand was confirmed. the Petitioner had challenged the Section 16(4)…

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