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Benefit of concessional rate cannot be denied for technical error in Certificate of Origin: CESTAT Chennai

November 21, 2024 1230 Views 0 comment Print

CESTAT Chennai held that denying substantial benefits only for technical errors would not do justice to the appellant. Thus, technical error in Certificate of Origin cannot result in denial of concessional rate of Basic Customs Duty (BCD).

Order directing fixation of brand rates of duty drawback upheld: CESTAT Chennai

November 21, 2024 1029 Views 0 comment Print

CESTAT Chennai upheld the order directing fixation of brand rates of duty drawback for drawback of duties suffered on inputs used in exports of cotton denim fabrics as no efforts made by revenue to negate the findings of appellate authority.

Department failed to discharge burden of proof for classifying ECU under 8708 9090: CESTAT Chennai

November 20, 2024 2229 Views 0 comment Print

M/s. Hyundai Motor India Limited, Kanchipuram (HMIL), are engaged in the manufacture of passenger motor cars, under the brand name of “Hyundai”. They import various parts and accessories of passenger motor cars through Chennai ports.

Refund of service tax paid under RCM without complying with transitional provisions under GST not admissible

November 18, 2024 1173 Views 0 comment Print

CESTAT Allahabad held that claim of cash refund of service tax paid under RCM not admissible since CENVAT Credit was never claimed and transitional provisions under GST was not complied.

Penalty for Smuggling Battery Scrap Through Un-notified Route: CESTAT Allahabad

November 18, 2024 762 Views 0 comment Print

CESTAT Allahabad held that penalty imposable for the act of smuggling of battery scrap by concealing the same with plastic scrap through un-notified route from Nepal. Accordingly, penalty upheld and appeal dismissed.

No Interest on Refund When Assessment Finalized Within Section 18(4)Timeframe: CESTAT Chandigarh

November 18, 2024 888 Views 0 comment Print

CESTAT Chandigarh held that interest on refund not eligible if the assessment is finalized within three months as prescribed under Section 18(4) of the Customs Act, 1962. Accordingly, appeal dismissed.

Rejection of Service Tax Refund Under Section 142(8) of CGST Act Not Justified: CESTAT Chennai

November 18, 2024 1839 Views 0 comment Print

CESTAT Chennai held that denial of refund claim related to cenvat credit of service tax under RCM by invoking provisions of Section 142(8) of the CGST Act is cannot be justified. Accordingly, order rejected refund claim set aside.

Minor Procedural Lapses not Ground for denying SAD Refund: CESTAT Chennai

November 16, 2024 759 Views 0 comment Print

CESTAT rules procedural lapses insufficient to deny SAD refund if taxes are paid, upholding Noritsu India’s claim on imported photofinishing equipment.

Customs duty exempt on manufacturing of stainless steel coils under Advance Authorisation Scheme

November 15, 2024 810 Views 0 comment Print

CESTAT Allahabad held that customs duty leviable on manufacturing of stainless steel coils under Advance Authorisation Scheme is exempt. Accordingly, appellant is entitled to refund of CVD paid on the same.

No Customs Duty exemption on ELISA Kits used only for Food Testing

November 13, 2024 1200 Views 0 comment Print

Goods imported under the 2 BEs were seized and were later provisionally released on execution of bond with bank guarantee. Statement of Managing Director (MD) of assessee was recorded on 17.09.2020.

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