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 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 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.
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.
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.
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.
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 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.
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 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.