Abhishek Raja "Ram"
8 months ago
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š¦š²šæšš¶š°š² š§š®š ā ššš¦š§šš§ š ššŗšÆš®š¶: š„š²šŗš®š»š± šš¼šæ š„š²š°š¼šæš±š¶š»š“ šš¶š»š±š¶š»š“š š¼š» š¦ššÆšŗš¶ššš¶š¼š»š š¢ š§šµš² š§šæš¶šÆšš»š®š¹ šµš²š¹š±: The Commissioner ignored appellant's submissions and case laws, making the decision unsustainable; matter remanded for fresh decision.
š šš®š°šš: šš¼šŗš½š®š»š: Overseas Infrastructure Alliance India Private Limited ššššš²: Whether the denial of Cenvat Credit and interest on delayed refund to the appellant is justified. šš°šš¶šš¶šš: The appellant's Cenvat Credit refund was rejected, as electricity poles were deemed "civil structures" under Rule 2(l) exclusion.
āļø ššš±š“š²šŗš²š»š: The Tribunal found the Commissioner's order unsustainable as it lacked detailed consideration of the appellant's submissions and case laws. The order was passed without proper examination of the arguments. The matter was remanded to the Commissioner for a fresh decision, including a thorough review of the appellant's points and references.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: Overseas Infrastructure Alliance India Private Limited vs. Commissioner of Service Tax ā Service Tax š¢šæš±š²šæ šš®šš²: 6 December 2022 š This ruling emphasizes the need for a reasoned decision with detailed findings on all issues raised by the parties involved.
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