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Deputation of own employees for specified Job work in factory of client is not Manpower Supply Services

April 16, 2023 930 Views 0 comment Print

CESTAT held that where service provider had deployed his employees in manufacturing premises of appellant for specified job works, the same cannot be held as Manpower Supply Services.

Consider rectification of Apparent Error in application for GST Registration Cancellation: HC

April 15, 2023 1797 Views 0 comment Print

Bansal Steels Vs Commissioner, Central Goods and Service Tax (Delhi High Court) The petitioner had applied for cancellation of its GST registration for the first time on 04.12.2018 with effect from that date, stating that the reason for seeking such cancellation was that it had discontinued/closed its business. The said application was rejected by an […]

Classification of bhusi/ bhuki of pulses / pulses waste -CESTAT directs readjudication

April 15, 2023 876 Views 0 comment Print

R M Trading Company Vs Commissioner of Customs (CESTAT Ahmedabad) The issue involved in the present case is that whether the goods in question i.e. bhusi/ bhuki of pulses / pulses waste cleared from Kandla SEZ is classifiable under Chapter heading 07139099 or 11061000 of Customs Tariff Act, 1975 and consequently whether the appellant is […]

Merely because appellant at relevant time not opt for any option, revenue cannot impose upon appellant a particular option

April 15, 2023 1038 Views 0 comment Print

HIL Limited Vs C.C.E. & S.T. (CESTAT Ahmedabad) In this case though initially the appellant have taken the cenvat credit on the common input service which were used for manufacture of dutiable goods as well in relation to exempted service i.e. trading activity, however, on pointing out by the department, the appellant have calculated the […]

Mutilation of goods before clearance: CESTAT reduces Redemption Fine & Penalty

April 15, 2023 1341 Views 0 comment Print

Veer Enterprise Vs C.C.-Kandla (CESTAT Ahmedabad) CESTAT find the goods have been cleared and duty discharged as per the Tariff Heading proposed by the department. The Certificate of Chartered Engineer produced by the party is actually deficient, as it has been obtained behind the back of Customs Officials and does not show the time and […]

Section 11AC penalty not valid If no Suppression of fact to evade Duty

April 15, 2023 1119 Views 0 comment Print

Tansi Pump Unit Vs Commissioner of GST & Central Excise (CESTAT Chennai) Brief facts are that the appellants are registered as manufacturer of hand-pumps, EB line material, Benches, Desks etc. They availed small scale exemption under Notification No.8/2003-CE dt. 1.3.2003 and after crossing the exemption limit were clearing the products on payment of duty. Appellant […]

Clearance of excisable goods outside factory without payment of duty and without preparing any documents violate Excise Rules & procedure

April 15, 2023 1413 Views 0 comment Print

Velji P & Sons Vs C.C.E. & S.T. (CESTAT Ahmedabad) The case of the department is that the appellant M/s. Rawmin Mining and Industries Pvt. Ltd. is 100% export oriented unit has cleared 444903.645 MTs of their final product namely Beneficiated Bauxite and stored at the plot allotted to their custom house agent and shipping […]

CESTAT allows SAD refund which was rejected for non-compliance of Notification No.102/2007-Cus. Dated 14.09.2007

April 15, 2023 699 Views 0 comment Print

S. Vaidya and Company Vs Commissioner of Customs (CESTAT Chennai) Brief facts of the case are that the appellant filed three refund claims for refund of SAD amount of Rs.10,97,996/-. After scrutinizing the documents, the adjudicating authority observed that the sales invoices were not endorsed with the mandatory declaration that “no cenvat credit can be […]

ITAT grants stay to Amazon Web Services Inc.

April 15, 2023 1944 Views 0 comment Print

Assessing Cloud Computing Tax Dispute – AWS Inc. challenges ITAT Delhi on Royalty & FTS, seeks conditional stay on outstanding demands.

Proper Officer to decide IGST Refund – HC disposes appeal as grievance of Petitioner redressed

April 15, 2023 1038 Views 0 comment Print

This Petition is pending for more than a year on a simple issue as to who is the Proper Authority to decide the Petitioner’s case / claim. According to the reply affidavit filed by the Deputy Commissioner of Customs – Respondent no.5, it is the Respondent no.4 who is the authority.

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