All posts by Admin

CENTRAL EXCISE  Rule 5, CCR 2004, provides for refund of unutilized accumulated CENVAT credit against export of goods and the rule does not discriminate between physical exports out of India and deemed exports made within Indian territory. Therefore, deemed exports are also eligible for refund – CCE V. Benzo Chem Industries Pvt. Ltd – 2017 Read More

SERVICE TAX Exemption - The ST exemption under Entry 9(b) of MEN for services provided to educational institution is applicable only to Pre-school education institution and higher secondary schools w.e.f from 1st April 2017 –Notification No. 10/2017-Service Tax, dated 8th March 2017 Exemption – Exemption available to service provider on Online Information Data Access and Read More

CENTRAL EXCISE  Where the goods were manufactured and sent for test. In terms of Rule 16(2) of Central Excise Rules, 2002, the process carried out  on the return of goods to premises does not amount to manufacture – Skoda Auto India Pvt Ltd Vs CCE – 2017 (2) TMI 259. Even though there is a Read More

CENTRAL EXCISE Transfer of ownership of captive power plant installed within the factory shall not be deemed as removal. The term “removal” contemplates physical removal. Precedent referred J.K. cotton and spinning weaving mills Ltd. 1987(10) TMI 51 SC – CCE Vs Bhilai Steel Plant – 2017 (1) TMI 293 CESTAT New Delhi. In case of Read More