CENEX UPDATE - 17.03.2020

CX - Limitation period provided u/s 11B of CEA, 1944 is applicable for refund claim of accumulated CENVAT credit in terms of rule 5 of CCR, 2004: CESTAT

CX - Activity of opening the imported stock, inspection of the same, quality checks and repacking with affixation of sticker. Marketed by Honda' amounts to 'manufacture' - availing CENVAT credit and paying duty by valuing in terms of s.4A is correct and legal: CESTAT

CX - CENVAT Refund - Adjustment of 12% duty on inputs can never be made possible against 6% on output to bring the difference to 'zero' - refund ought to have been granted as further adjustment was not possible: CESTAT

CX - Gazette notification was published on the dates of notification but they were offered for sale at a much later date - for the intervening period assesseewas not required to pay duty at the enhanced rates - refund allowed: CESTAT

ST - Sale & purchase of cargo space is not service & proceeds arising therefrom are profit from sale - hence such activity will not attract service tax: CESTAT

ST - Event management service used by Appellant for promoting their brand value is an Input Service; credit admissible: CESTAT

ST - Tyre Bullock Carts without bullocks & driver, provided by appellant on rent for purposes relating to agriculture/agricultural produce without having any right of possession or effective control over them, falls under negative list: CESTAT

ST - It is settled position in law that input credit cannot be denied solely because services had been rendered at un-registered premises: CESTAT

Cus - If subject goods are not available for redemption due to their being disposed of by Revenue, then appellant need not pay redemption fine & is eligible for refund of sale proceeds: CESTAT

Cus - Writ petition seeking restoration of Custom's Broker's license is not maintainable, where appeal against subject order is also filed before Tribunal: HC