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Slight variation in physical weight not affects value declared on the basis of Theoretical Weight

July 30, 2023 1233 Views 0 comment Print

In the case of Welspun Corp Ltd vs. C.C.-Mundra, CESTAT Ahmedabad ruled that a minor increase or decrease in weight compared to import invoices, calculated based on theoretical weight, is allowable. The tribunal cited a previous judgment in favor of the appellant and set aside the demand for enhanced valuation.

CESTAT Chennai Rules in Favor of Sugar Mill – Manpower Supply Allegations Rejected

July 30, 2023 654 Views 0 comment Print

CESTAT Chennai allows the appeal filed by Nadippisai Pulavar K.R. Ramasamy Co-operative Sugar Mills Ltd., rejecting the allegations of manpower supply. The demand for Service Tax is set aside.

CESTAT Chennai: SCN for Revocation of License Must Be Issued Timely

July 30, 2023 411 Views 0 comment Print

CESTAT Chennai allows the appeal filed by Trade Wings Logistics India Pvt. Ltd., revoking the Custom Brokers license due to the Show Cause Notice being issued beyond the stipulated 90 days from the date of the offense report.

Eligibility of CENVAT Credit for Duty on Molasses in Rectified Spirit Production

July 30, 2023 960 Views 0 comment Print

CESTAT Chennai held that input credit of duty paid on molasses used in production of rectified spirit being a final product is eligible as CENVAT Credit.

Unsustainable Penalty u/s. 112 and 114AA without Knowledge of Prohibited Goods Import

July 30, 2023 2004 Views 0 comment Print

CESTAT Delhi held that penalty u/s. 112 and 114AA of the Customs Act not leviable in absence of any knowledge of goods of prohibited nature being imported.

Deposits During Investigation Not Subject to Unjust Enrichment Principles

July 29, 2023 1950 Views 0 comment Print

CESTAT Ahmedabad held that any amount deposited during pendency of adjudication proceeding or investigation is in the nature of pre-deposit and principles of unjust enrichment is not applicable.

CENVAT Credit allowed on Goods Destroyed during manufacturing process

July 28, 2023 729 Views 0 comment Print

Comfort Polymers Pvt. Ltd. wins the case against CCE- Jammu at CESTAT Chandigarh. CENVAT credit on destroyed goods is allowed as per Rule 3(5B) and 3(5C) of Cenvat Credit Rules, 2004.

CESTAT Chennai Quashes BSNL’s Service Tax Demand for Telecom Services

July 28, 2023 741 Views 0 comment Print

CESTAT Chennai grants relief to Bharat Sanchar Nigam Limited (BSNL) by quashing the demand for service tax on telecom services for the period 01.06.2008 to 31.03.2011 due to the non-inclusion of an Explanation in Rule 5(1) of the Service Tax Rules.

Without Mutuality of Interest, Rule 8 of Central Excise Valuation Rules, 2000 Inapplicable

July 28, 2023 534 Views 0 comment Print

CESTAT Chandigarh sets aside penalty and interest imposed on Punj Brothers Limited for non-payment of customs duty on clearance of goods, citing limitation and lack of mutuality of interest between the parties. The case involved related party transactions and application of Rule 8 of the Central Excise Valuation Rules, 2000.

CESTAT Upholds Penalty for Mis-declared Quantity of Imported LED Lights

July 28, 2023 627 Views 0 comment Print

CESTAT Delhi upholds penalty imposed under section 114AA of the Customs Act on M/s Surendra Electricals for mis-declaration of the quantity of LED lights in the bill of entry.

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