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Customs Duty Exemption Cannot Be Denied When Export Obligation Fulfilled & EODCs Issued: CESTAT Delhi Delhi

February 28, 2025 1200 Views 0 comment Print

CESTAT Delhi rules customs duty exemption cannot be denied if export obligations are met and EODCs issued, overturning a ₹21 crore demand.

No Penalty Under Excise Rule 26 Without Goods Confiscation: CESTAT Delhi

February 28, 2025 1026 Views 0 comment Print

CESTAT Delhi overturns ₹10 lakh penalty under Rule 26(1), citing the absence of confiscation, a key requirement for imposing penalties under the Excise Rules.

Customs duty appeals not maintainable after resolution plan approval by NCLT

February 28, 2025 588 Views 0 comment Print

CESTAT Chennai abates Neoteric Infomatique’s customs appeal after NCLT’s approval of the resolution plan, citing Supreme Court and tribunal precedents.

Extended Limitation Cannot Be Invoked Twice for Same Issue: CESTAT Kolkata

February 26, 2025 942 Views 0 comment Print

Once a demand has been raised for any issue by invoking extended period of limitation, then another demand cannot be raised again by invoking extended period on same issue for a subsequent period.

Service Tax on Rent: Co-Owners with Separate Agreements Not AOP

February 26, 2025 918 Views 0 comment Print

 CESTAT Ahmedabad ruled that co-owners of rented property are not an AOP, and their individual rental income below ₹10 lakh is exempt from service tax.

KLE Society’s Services to University of Sains Malaysia Qualify as ‘Export of Services’

February 21, 2025 459 Views 0 comment Print

CESTAT Bangalore rules KLE Society’s services to Malaysian university qualify as export of services, overturning a substantial service tax demand. The tribunal cited precedent cases like Vodafone Idea and Verizon Communication, emphasizing the recipient’s location and foreign currency payments.

Customs officer not empowered to assess two or more shipping bills together

February 21, 2025 891 Views 0 comment Print

Disha Realcon and SM Niryat had exported iron ore fines whose Fe content was below 58% under some Shipping Bills and iron ore fines whose Fe content was above 58% under some other Shipping Bills.

Declared Transaction Value Can Be Rejected if Questionable: CESTAT Delhi

February 19, 2025 648 Views 0 comment Print

Read about Mittal Appliances Ltd.’s customs appeal where transaction values for copper scrap were rejected. Detailed analysis of the CESTAT Delhi ruling on valuation rules and implications.

Clandestine Removal Cannot Be Alleged Without Concrete Evidence: CESTAT Kolkata

February 15, 2025 831 Views 0 comment Print

Analysis of CESTAT Kolkata’s decision in Mahavir Ferro Alloys Pvt. Ltd. Vs CGST & Central Excise, focusing on alleged clandestine removal and estimated production norms.

CESTAT allows CENVAT Credit on materials used in capital goods

February 15, 2025 846 Views 0 comment Print

CESTAT Kolkata allows CENVAT Credit to Rexon Strips Ltd., ruling that inputs used in capital goods are eligible, setting aside prior denials by lower authorities.

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