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Notification no. 36/2021-Customs doesn’t have retrospective effect: CESTAT Delhi

March 26, 2025 924 Views 0 comment Print

CESTAT Delhi held that Amendment Notification no. 36/2021-Customs dated 19.07.2021 cannot be said to be retrospective in nature. Accordingly, orders are liable to be set aside and all the appeals are allowed.

CESTAT Mumbai Allows SEZ Refund Claim for Business Support Services

March 23, 2025 687 Views 0 comment Print

CESTAT Mumbai overturns refund rejection for Syntel Solutions (India) Pvt. Ltd., allowing SEZ input credit for Business Support Services under SEZ Rules.

Service Tax Appeal cannot be rejected for Pre-Deposit using DRC-03

March 21, 2025 3462 Views 0 comment Print

CESTAT Allahabad remands appeal in Krishna Road Carrier case, ruling that pre-deposit via DRC-03 before 28.10.22 is valid under new CBIC clarifications.

Service tax on overseas advisory services: Tata Asset Management Wins Appeal

March 19, 2025 933 Views 0 comment Print

Tata Asset Management Ltd wins appeal against CGST demand for service tax on overseas advisory services. Tribunal affirms export status under Service Tax Rules.

SCN Proposals Must Align with Law, Not External Sources: CESTAT Mumbai

March 19, 2025 708 Views 0 comment Print

CESTAT Mumbai sets aside tax demand against Shipping Corporation of India, questioning the legal basis of the show cause notice and order validity.

SC Clarification on Interpretational Issue Doesn’t Warrant Extended Limitation

March 17, 2025 2148 Views 0 comment Print

CESTAT Chandigarh rules that Supreme Court clarifications do not justify invoking the extended limitation period in service tax disputes. Key case insights inside.

Gold Confiscation Order Quashed Due to Lack of Reasonable Belief in Smuggling Case

March 12, 2025 1473 Views 0 comment Print

Assessee was unable to produce list of documents for the gold, leading to its seizure under Section 110 of the Customs Act, 1962. The gold was later inventoried and seized at the Customs House, and assessee recorded a voluntary statement.

Right not registered in India cannot be deemed to exist in Indian Territory

March 11, 2025 732 Views 0 comment Print

Analysis of Getz Pharma Vs Commissioner of Service Tax case on refund of CENVAT credit under Rule 5 of Cenvat Credit Rules. CESTAT Mumbai remands matter for reconsideration.

No export duty payable on Indian Refractory Mortar classifiable under CTH 38160000

March 10, 2025 678 Views 0 comment Print

CESTAT Kolkata held that Indian Refractory Mortar is classifiable under CTH 38160000 and not under CTH 2610. Thus, no export duty payable on the same. Accordingly, appeal of the revenue dismissed.

CESTAT Sets Aside Customs Broker License Revocation for Procedural Delays

March 9, 2025 615 Views 0 comment Print

CESTAT Mumbai overturns M Dharamdas & Co’s customs broker license revocation due to unjustified procedural delays by authorities.

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