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Extended period of limitation cannot be invoked solely on audit queries & objections

May 17, 2024 2652 Views 0 comment Print

CESTAT held that Department could not solely rely on audit queries and objections to invoke extended period of limitation. It reiterated that appellant, being a Private Limited Company, had its Profit/Loss Account and Balance Sheet accessible as public documents, thus undermining any allegation of suppression.

CESTAT Orders Remand for Fresh Fact Finding on Service Tax Classification Dispute

May 17, 2024 531 Views 0 comment Print

CESTAT Mumbai remands Michigan Engineers Pvt Ltd’s case for re-adjudication, questioning service classification and subcontractor’s role in taxable services.

Freight & Insurance Charges not includible in Assessable Value of Goods sold Ex-factory

May 17, 2024 1491 Views 0 comment Print

Understand CESTAT’s decision on inclusion of separately shown freight and insurance charges in excisable goods’ assessable value.

CESTAT Allahabad Orders Return of Gold Seized by Custom Authorities

May 17, 2024 1206 Views 0 comment Print

Read the detailed analysis of the CESTAT Allahabad order directing the Commissioner of Customs to return seized gold, ruling it wasn’t smuggled. Learn about the case of Commissioner of Customs (Preventive) vs. Sai Max Jewelers.

Issuance of second SCN without adjudicating first is jurisdictionally void: CESTAT Mumbai

May 16, 2024 3906 Views 0 comment Print

CESTAT Mumbai: Saf Yesat Company Pvt. Ltd. Vs. Commissioner of Central Excise – penalties deemed jurisdictionally void for issuing second SCN without adjudicating first.

Service Tax refund to SEZ unit cannot be denied for Registration condition breach

May 16, 2024 888 Views 0 comment Print

In Roop Telesonic Ultrasonix Limited vs Commissioner of Customs (CESTAT Ahmedabad), SEZ service tax refund upheld despite procedural lapse.

Reusable Insulin Delivery Device classifiable under CTH 9018 3100: CESTAT Ahmedabad

May 16, 2024 594 Views 0 comment Print

CESTAT Ahmedabad rules in Sanofi India Limited’s favor, stating syringes without needles are not parts/accessories of goods under 9018, warranting a concessional duty rate.

No Knowledge of Concealed Smuggled Gold: CESTAT Kolkata Deletes Penalty

May 16, 2024 615 Views 0 comment Print

CESTAT Kolkata: Shri Vijay Kumar versus Commissioner of Central Excise – penalties under Customs Act section 112 deleted as no knowledge of gold concealed in bags.

No Service Tax for Residential Complexes Developed for Co-op Society Members’ Personal Use

May 15, 2024 1311 Views 0 comment Print

Service Tax demands for residential complexes were set aside when the units were developed for personal use by the members of co-operative societies. This principle was upheld in various judgments cited by Saumya Developers, indicating that no Service Tax was payable on residential units created for personal use.

Services By Microsoft India To Microsoft Singapore qualifies as export of Services

May 15, 2024 1587 Views 0 comment Print

CESTAT Chandigarh rules in favor of Microsoft India, stating services rendered to overseas entity are exports, exempting from service tax.

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