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Branded jewellery are chargeable to excise duty w.e.f. 01.03.2005

July 26, 2023 516 Views 0 comment Print

CESTAT Bangalore held that with effect from 01.03.2005 branded jewellery are chargeable to excise duty @2%. However, extended period of limitation cannot be invoked in absence of establishment of allegation of wilful suppression with intent to evade payment of duty.

Clearance to sister concern valued on Comparable Price as rule 8 of CVR applicable only from 01.12.2013

July 26, 2023 429 Views 0 comment Print

CESTAT Chennai held that the appellant was eligible to clear rough castings to their sister concern on payment of duty on the assessable value based on comparable prices of goods cleared by them to non-related buyers. Provisions of rule 8 of CVR 2000 applicable only w.e.f. 01.12.2003 after amendment by notification no. 14/2012-CE (NT) dated 22.12.2003.

Refund granted to DICGC as premium paid by bank considered as inclusive of tax

July 26, 2023 483 Views 0 comment Print

CESTAT Mumbai allowed the refund claim filed by Deposit Insurance and Credit Guarantee Corporations (DICGC) by considering premium amount paid by bank as inclusive of tax.

CESTAT allows re-export of imported insecticides without payment of redemption fine & penalties

July 25, 2023 561 Views 0 comment Print

CESTAT Chennai has ruled in favor of SDS Ramcides Crop Science Pvt. Ltd., allowing them to re-export the imported insecticides without payment of redemption fine and penalties.

CESTAT denies Exemption of SAD on Imported Natural Rock Phosphate

July 25, 2023 636 Views 0 comment Print

CESTAT Chennai has ruled that ‘Natural Rock Phosphate’ imported goods are not considered as ‘fertilizers’ under the FCO, making them ineligible to claim exemption of SAD under the specified notification.

Excess Baggage Charges Taxable as Air passenger transport: CESTAT Delhi

July 25, 2023 627 Views 0 comment Print

CESTAT Delhi held that the collection of excess baggage charges would be leviable to service tax under the category of transport of passengers by air and not under transportation of cargo by air.

Import of Spares for Vessel Repair Eligible for Customs Duty Exemption

July 25, 2023 1314 Views 0 comment Print

The CESTAT Bangalore has ruled that the Centre for Marine Living Resources and Ecology (CMLRE) is eligible for customs duty exemption on the import of spares and other items for vessel repair.

Importer’s Declared Value Accepted, Contemporaneous Import Value Not Conclusive

July 25, 2023 924 Views 0 comment Print

CESTAT Chennai held that transaction value declared by the importer duly accepted as earlier imports cleared accepting the declared value and also value of the contemporaneous import of identical goods has not been conclusively arrived at by the lower adjudicating authority.

Modular Employment Scheme: Outside Ambit of Service Tax

July 25, 2023 270 Views 0 comment Print

CESTAT Chandigarh held that the modular employment scheme is a vocational training programme and vocational training activity is outside the ambit of service tax, as exempted vide Notification No. 24/2004-ST dated 10.09.2004.

Surmises & generic arguments in Appeal grounds: CESTAT Dismisses Revenue Appeal

July 25, 2023 333 Views 0 comment Print

CESTAT Chennai dismissed the revenue appeal for lack of concrete grounds of appeal, with the arguments being merely surmises and generic.

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