GST ArticlePre-GST

No service tax on transportation of articles which are not goods as per Sales of Goods Act

The CESTAT, Ahmedabad in M/s Panoli Enviro Technology Limited v. Commissioner of Central Excise & ST, SURAT-II held that the effluent does not qualify to be a ‘good’ as per the Sales of Goods Act and as per definition of GTA only the transportation of ‘goods’ is covered under GTA service. Thus, transportation of effluent by GTA is out from the ambit of service tax.

GST ArticlePre-GST

Parts of LCD panel is to be classified as part of LCD panel and not part of final article

The CESTAT, Bangalore in M/s. Xiaomi Technology India Limited v. The Commissioner of Customs set aside the order of Commissioner (Appeal) and held that the LCD Panels are classified under tariff entry 9013 8010 and parts of LCD panels are classified under tariff entry 9013 9010 because LCD panels could be used for purposes other than television sets and parts of LCD panels are parts of LCD panel and not part of article.

GST ArticlePre-GST

Extended period of limitation cannot be invoked on a legitimate buyer

The CESTAT, Kolkata in M/s Jai Balaji Industries Limited v. Commissioner of Central Excise had set aside the order demanding excise duty and held that the buyer who has paid a valuable consideration could not be proceeded upon by taking the aid of a larger period of limitation as per Section 11A(1) of the Central Excise Act, 1944 unless it is proved that the buyer was also involved in fraud.