Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Service Tax - Highlights / Catch Notes

Home Highlights February 2025 Year 2025 This

CESTAT allowed appeal concerning CENVAT credit on Smart-Cards ...


Smart-Cards Sent for Testing with Set-Top Box Manufacturer Eligible for CENVAT Credit Under Rule 4(5)(a)

February 28, 2025

Case Laws     Service Tax     AT

CESTAT allowed appeal concerning CENVAT credit on Smart-Cards sent to STB manufacturer for testing and pairing. Tribunal held appellant was not required to reverse CENVAT credit under Rule 3(5) as Smart-Cards were ultimately used for providing DTH Broadcasting services. Rule 4(5)(a)(i) permits CENVAT credit when inputs are sent to job worker for processing and returned within prescribed timeframe. Appellant's accounting records adequately demonstrated compliance with Rule 4(5)(a) requirements for tracking movement of Smart-Cards to job worker and their return with STBs. Department's reliance on Non-Ferrous Industries case distinguished as it pertained to different statutory framework under Central Excise Rules, 1944. Appeal sustained as case fell within Rule 4(5)(a) scope.

View Source

 


 

You may also like:

  1. Demand of amount collected in the name of duty u/s 11D - CENVAT credit - inputs or capital goods - imported Box Strapping Machines - the appellant have cleared the...

  2. Valuation of imported Set top boxes under Section 4 of the Central Excise Act, 1944 - Circular

  3. Regarding Taxability of Set Top Boxes (STBs). - Circular

  4. The CESTAT ALLAHABAD held that Set Top Boxes are classifiable as inputs for providing Broadcasting Services. The Appellant's interpretation of the law was deemed correct...

  5. Demand of Differential Tax - transfer of right to use - activation and installation charges of DTH Set-Top Box (STB) called Digicomp collected by the petitioner at the...

  6. Depreciation on Set Top Boxes (STB) - @80% OR 15% - STB’s are energy saving devices OR electrical equipment - Set Top Box is a device connected to a TV and which allows...

  7. Determination of CVD - valuation u/s 4 or 4A - Set Top Boxes imported by the appellants are not leviable to CVD on RSP/MRP basis in terms of Section 4(A) of the Central...

  8. Refund of CENVAT Credit under rule 5 of the CENVAT Credit Rules, 2004 - Notification

  9. Refund of unutilized Cenvat credit - Other than Rule 5 of Cenvat Credit Rules, there is no other provision either in Cenvat Credit Rules, 2004 or in Central Excise...

  10. Classification - whether the imported goods are SIM modules or integrated chip modules? - The SIM imported in reel is a 'card' classifiable under heading 8523 as a...

  11. Correctness of erasure of credit already availed by prospective invalidation of eligibility for retention of credit that would subject those services already procured...

  12. Transponder, Muxponder, and Optical splitter cards are classified under Customs Tariff Item (CTI) 8517 70 90 as 'parts' and not under CTI 8517 62 90 as 'other...

  13. TP Adjustment - determination of Arm's Length Price - intra group services transactions as Cross-charges - Documents submitted by the assessee do not conclusively...

  14. Manufacturer cleared excisable goods to Mega Power Projects and SEZ units. Refund claim filed for accumulated CENVAT credit u/r 5 of CENVAT Credit Rules, 2004. Refund...

  15. Service tax paid on car parking rentals is an eligible input service under Rule 2(l) of the Cenvat Credit Rules and consequently the appellant would be eligible for...

 

Quick Updates:Latest Updates