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No Service Tax Not on Media Incentives to Ad Agency: CESTAT Delhi

May 6, 2025 711 Views 0 comment Print

CESTAT Delhi rules incentives to advertising agency from media houses for targets are not taxable under Section 66E(e) as no obligation exists.

Sony India Secures Customs Duty Exemption for Digital Cameras After Lengthy Legal Battle

May 5, 2025 963 Views 0 comment Print

CESTAT Delhi allows Sony India’s appeal, granting customs duty exemption for digital still image video cameras, based on a Larger Bench ruling overturning previous view.

Redetermination of value set aside as goods were replacement for goods imported earlier

May 5, 2025 489 Views 0 comment Print

CESTAT Bangalore held that question of redetermination of value doesn’t arise since the impugned goods were replacement for goods imported earlier which were found to be defective. Accordingly, appeal allowed.

Food Sales at PVR Counters Not Services, Taxable Only in Gold Class

May 5, 2025 4440 Views 0 comment Print

CESTAT Delhi rules standard cinema food/drink sales are taxable as goods, not service, unlike premium Gold Class offerings.

CESTAT Upholds Section 28(1) Custom Notice for Short-Levy Post–Clearance

May 4, 2025 546 Views 0 comment Print

CESTAT Bangalore ruled against Tiptop Furniture, affirming the Customs Department’s authority to issue a show-cause notice for short levy of duty post-assessment.

Classification: Crimp Pumps as Positive Displacement Pumps (CTI 8413 5010 / 8413 5090), Not Toilet Spray Parts (CTI 9616 1020)

May 3, 2025 1035 Views 0 comment Print

Crimp pumps imported were classifiable under positive displacement pumps (CTI 8413 5010 / 8413 5090) and not as mounts and heads for toilet sprays under CTI 9616 1020 as claimed by the Customs authorities.

Service tax exempt on sale of flat subsequent to date of issue of occupancy certificate

May 2, 2025 942 Views 0 comment Print

CESTAT Mumbai held that service tax on construction of complex/building is exempt when there is sale of flat subsequent to date of issue of occupancy certificate from competent authority. Accordingly, appeal of revenue dismissed.

Conflicting Departmental Views on Service Taxability Nullify Allegation of Suppression

May 2, 2025 588 Views 0 comment Print

CESTAT Delhi held that there cannot be suppression or wilful concealment with intent to evade payment of duty since two departmental authorities have differed themselves on the taxability of the services under a specific category.

Air craft engine stand classified under CTI 8609 00 00: CESTAT Delhi

April 29, 2025 846 Views 0 comment Print

CESTAT Delhi held that air craft engine stand imported by the appellant would deserve classification under CTI 8609 00 00 and not under CTI 8716 39 00. Accordingly, order passed by the Principal Commissioner is set aside.

Adjudication of Custom notice after 10 years is against mandates of section 28(9)

April 28, 2025 1587 Views 0 comment Print

CESTAT Delhi held that section 28(9) of Customs Act mandates adjudication of show cause notice within one year. Thus, adjudication of notice after around 10 years of issuance, without justifiable reason, is not tenable and hence order issued thereon is liable to be quashed.

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