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No Service Tax on sale of coaching material

May 24, 2023 1395 Views 0 comment Print

CESTAT held that amount collected by selling study material is not a taxable service, hence, no service tax leviable on sale of coaching material.

Revocation of Customs Broker License sustained as violation of CBLR proved

May 21, 2023 1539 Views 0 comment Print

CESTAT Chandigarh held that allegation of violation of regulation 10(b), 10(d) and 10(n) of Customs Broker Licensing Regulation, 2018 (CBLR) proved against the appellant. Accordingly, customs broker license duly revocable.

When there is no mens rea, no demand will sustain on ground of limitation

May 19, 2023 1038 Views 0 comment Print

CESTAT held that, there should be mens rea to evade payment of service tax for demand of service tax and penalty beyond period of limitation.

Duty demand in terms of rule 8 of Valuation Rules unsustainable as higher duty already paid

May 19, 2023 477 Views 0 comment Print

CESTAT Kolkata held that demand of excise duty in terms of rule 8 of the Valuation Rules not sustainable as correct higher duty already paid in terms of rule 4 of the Valuation Rules.

Rejection of declared value without examining contemporaneous NIDB data is unsustainable

May 18, 2023 1041 Views 0 comment Print

CESTAT Ahmedabad held that rejection of declared value in terms of rule 12 of the Customs Valuation Rules, 2007 solely on the basis of various letters of different authorities without examining contemporaneous NIDB data is unsustainable in law.

Declared value rejectable whenever significantly higher value of identical goods noticed

May 18, 2023 1632 Views 0 comment Print

CESTAT Ahmedabad’s verdict on customs valuation rules regarding Kumar Impex’s appeal against reassessment of imported goods’ value under Rule 12.

Bagasse is an agricultural waste/ residue & is not result of any manufacturing process

May 18, 2023 687 Views 0 comment Print

CESTAT Mumbai held that bagasse being an agricultural waste/ residue, there could be no manufacturing activity. Accordingly, bagasse is not result of any manufacturing process

Service tax not payable on value of reimbursement of expenditure

May 18, 2023 1539 Views 0 comment Print

CESTAT Delhi held that value of reimbursement of expenditure is not includible in the value of taxable service and accordingly, service tax is not payable on the same.

Zymegold Plus and Dripzyme are classifiable under CTH 3101 as fertilizer

May 17, 2023 627 Views 0 comment Print

CESTAT Mumbai held that products Zymegold Plus and Dripzyme are classifiable under CTH 3101 as Fertilizer and not as Plant Growth Regulator.

CHA cannot be expected to detect fraudulent exporter as bank officials despite verification failed to detect it

May 17, 2023 996 Views 0 comment Print

CESTAT Delhi held that if the Bank officials despite verification are not able to detect the fraudulent nature of the documents, how can one expect from CHA who is not even a public official to unearth the dubious plan of the exporter.

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