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Ambuja Cements Limited vs Commissioner, Cgst & Central Excise ... on 17 March, 2023

3.1 It is further submitted that Cenvat credit is otherwise also admissible as the compensation paid is in the nature of additional consideration for manpower supply service rendered by M/s. Mahadev Supplier. Learned Counsel has relied upon the decision of this Tribunal in the case of Hindustan Zinc Ltd. Vs. Commissioner, Central Goods and Services reported as 2019 (7) TMI 488 , CESTAT, New Delhi. Finally it is submitted that once the tax has been paid by the service provider, the Cenvat credit is admissible irrespective of the fact whether the activity of supplier was taxable or not.
Custom, Excise & Service Tax Tribunal Cites 11 - Cited by 0 - Full Document

Hindustan Zinc Ltd vs Commissioner, Cgst & Central Excise ... on 17 July, 2025

Hindustan Zinc Limited v. Commissioner of Central Goods, Service Tax and Central Excise, Customs, Udaipur, Final Order No. 50519/2024 dated 25.4.2025 in Service tax Appeal No. 51497 of 2019-CESTAT New Delhi  Oil & Natural Gas Corporation Ltd. Versus Commissioner of Central Goods & Service Tax, Dehradun, Final Order No. 6 50415/2025 dated 18.3.2025 in Service Tax appeal No. 52596 of 2019-CESTAT New Delhi  Bharat Aluminium Company Limited v. Principal Commissioner of Central Tax, & Central Excise, Raipur, Final Order No. 50128/2024 dated 17.1.2024 in Service Tax Appeal No. 50800 of 2020 (DB)- CESTAT New Delhi  Sarda Energy & Minerals Ltd. v. Principal Commissioner, Central GST, Central Excise & Customs, Raipur (C. G.), Final Order No. 50757/2023 dated in Service Tax Appeal No. 51699 of 2017- CESTAT New Delhi.
Custom, Excise & Service Tax Tribunal Cites 14 - Cited by 0 - Full Document

Cipla Ltd vs Commissioner Of Central Excise And ... on 5 September, 2024

6. According to Learned Counsel for appellant, they have complied with both threshold eligibility, as well as the restrictions stipulated, in the notification as the Letter of Permission (LoP) had been issued to them for export of 'bulk drugs and formulations' which the impugned goods, undeniably, are. It was also submitted that the approval for such clearances was granted by the competent authority, viz., the jurisdictional Development Commissioner. He placed reliance on the decision of the Hon'ble Supreme Court in Collector of Central Excise, Shillong v. Wood E/86958/2014 6 Craft Products Ltd [1995 (77) ELT 23 (SC)] on the intent of the expression 'similar' and of the Tribunal in Commissioner of Central Excise, Salem v. Hindustan Lever Ltd [2011 (263) ELT 697 (Tri- Chennai)], in Commissioner of Central Excise, Salem v. Hindustan Lever Ltd [2011 (268) ELT 252 (Tri-Chennai)] and in Hindustan Zinc Ltd v. Commissioner of Central Excise & Service Tax, Udaipur [2018 (2) TMI 1386 - CESTAT NEW DELHI]. Several decisions of the Hon'ble Supreme Court and of the Tribunal on exclusive jurisdictional competence of the Development Commissioner were also cited.
Custom, Excise & Service Tax Tribunal Cites 9 - Cited by 0 - Full Document

The Amaravathi Cooperative Sugar Mills ... vs Coimbatore on 3 October, 2024

2.1 Shri K Mani, learned Consultant has stated that the goods have not been written of and were only categorised as 'non-moving items' and hence credit could not be denied. Further the same legal issue was raised by CERA in 2008 and was contested and clarifications sought from the Range, hence the issue was known to the department and only the normal period can be invoked, hence the SCN dt 04/10/2013 was time barred. Further the confirmation of demand made is without jurisdiction and authority of law as there was no machinery provision during the above said period. He stated that the power to recover the amounts under Rule 3(5), (5A) and (5B) by invoking Rule 14, was granted only by amendment made vide Notification 3/2013-CE(NT) dated 01.03.2013, hence no recovery under Rule 3(5B) of the CENVAT Credit Rules 2004 can be made for the disputed period which pertains to the FY 2010 - 11 and 2011 - 12. He relied on the decision of CESTAT, New Delhi in Final Order No.51733/2021 dated 15.07.2021 in the case of M/s. Hindustan Zinc Ltd. Vs. Commissioner of Central Goods and Service Tax Commissionerate. He hence prayed that the order required to be set aside.
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