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Denial of Cenvat Credit merely due to incorrect address on invoice not justified: Delhi HC

August 30, 2024 1074 Views 0 comment Print

Delhi High Court held that denial of Cenvat Credit merely because invoice contained incorrect address unjustified as invoice contained all the requisite particulars as required under proviso to Rule 9(2) of the Cenvat Credit Rules, 2004.

Sugar boiled confectionery Kopiko classifiable under tariff heading 1704

August 30, 2024 669 Views 0 comment Print

CESTAT Ahmedabad held that sugar boiled confectionery Kopiko is more specifically classifiable under Central Excise Tariff Heading [CETH] 1704 9090 and not under CETH 2101 as claimed by department.

It is not justified to impose redemption fine equal to value of goods: CESTAT Delhi

August 28, 2024 423 Views 0 comment Print

CESTAT Delhi held that the amount of redemption fine imposed by the Commissioner in the impugned order is equal to the value of the goods itself, the same is harsh, accordingly, concluded that the amount of redemption fine must be reduced.

Rejecting request for amendment of BOE without awaiting outcome of DRI investigation not justified

August 28, 2024 804 Views 0 comment Print

CESTAT Bangalore held that rejecting request for amendment of declared value in bill of entry (BOE) without awaiting outcome of DRI investigation not justified. Accordingly, order set aside and matter remanded back to adjudication authority.

Clear Float Glass is classifiable under Customs Tariff Heading 7005 1090: CESTAT Chennai

August 27, 2024 969 Views 0 comment Print

CESTAT Chennai held that the imported Clear Float Glass is more appropriately classifiable under Customs Tariff Heading 7005 1090 of the Customs Tariff Act, 1975 and thus is eligible for exemption of the benefit of the Notification No. 46/2011-Cus dated 01.06.2011.

Transaction value u/s. 4 of Central Excise Act applicable on import of goods for use in industry

August 27, 2024 759 Views 0 comment Print

CESTAT Bangalore held that import of brushless DC/Axial fans meant for use in electronic industry should be valued at Transaction Value under Section 4 of Central Excise Act and accordingly, demand of Countervailing Duty on the same unsustainable.

Cross-model utilisation of discount inadmissible u/s. 4 of Central Excise Act: CESTAT Bangalore

August 26, 2024 468 Views 0 comment Print

CESTAT Bangalore held that cross-model utilisation of discount resulting into undervaluation are inadmissible under section 4 of the Central Excise Act, 1944.

Place of Provision Rules Not Applicable; Transaction Considered as Export of Service, No Service Tax Liability

August 24, 2024 798 Views 0 comment Print

CESTAT Mumbai ruled in favor of ATA Freightline, setting aside service tax demands for logistics services from April 2015 to June 2017. Full details of the case.

No Service Tax on Reimbursement for Actual Costs as its not a taxable service

August 23, 2024 801 Views 0 comment Print

CESTAT Mumbai overturned the service tax demand on Hindustan Construction Co., ruling that reimbursements to group companies do not constitute taxable services.

Penalty on employee of CHA not imposable for wrong availment of drawback by exporter: CESTAT Ahmedabad

August 23, 2024 687 Views 0 comment Print

CESTAT Ahmedabad held that penalty on the employee of CHA (Customs House Agent) cannot be imposed on the charge of wrong availment of drawback by the exporter as proven that he has not been benefited by attempt to claim excess drawback by exporter.

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