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Refund of Duty Paid Without Protest Requires Assessment Challenge

May 5, 2024 774 Views 0 comment Print

It is settled law that appellant refund claim wherein order determining duty is not challenged and modified in appeal by appellate authority, refund claim is not maintainable.

Remelted Zinc classifiable under CTH 790120 0: CESTAT Ahmedabad

May 5, 2024 411 Views 0 comment Print

Rajdev Inter Trade Pvt. Ltd. vs. C.C.-Mundra (CESTAT Ahmedabad) analysis: Remelted zinc deemed as zinc alloy, attracting 7.5% customs duty. Detailed order review.

No Confiscation/Fine for Non-Bonded Goods storage in Bonded Warehouse with Customs Dept. Permission

May 5, 2024 1302 Views 0 comment Print

CESTAT Mumbai rules in favor of Ganesh Benzoplast Ltd., stating no confiscation if prior permission taken for storage of non-bonded goods in bonded warehouse. Detailed analysis of the case provided.

Confirming differential duty not proposed in Show Cause Notice is unsustainable

May 5, 2024 798 Views 0 comment Print

Philips India Limited vs Commissioner of Customs (Air Cargo) case analyzed by CESTAT Chennai. Detailed order reveals why differential duty demand was unsustainable.

CESTAT Delhi Flags Judicial Indiscipline by lower authorities, Refers Case to CBIC

May 4, 2024 903 Views 0 comment Print

Explore the implications of the recent CESTAT Delhi ruling in South Eastern Coalfields Ltd. vs Commissioner of Central Excise case, shedding light on Service Tax refund issues and judicial discipline.

Service tax liability of entity engaged in mineral extraction: CESTAT Delhi Ruling

May 3, 2024 1782 Views 0 comment Print

Explore the CESTAT Delhi order in the case of Shrawan Kumar Pathak vs Commissioner of Central Excise & Central GST, concerning service tax on royalties paid to the State Government. Get insights into the legal nuances and judicial precedents.

CENVAT Credit Eligibility: Steel used in Fabrication of plant and machinery

May 2, 2024 948 Views 0 comment Print

Dive into the CESTAT Kolkata ruling on CENVAT credit dispute between Commissioner of Central Excise and Viraj Steel regarding steel items usage.

Free services offered during warranty periods not liable to service tax

April 30, 2024 1947 Views 0 comment Print

The CESTAT Mumbai allows the appeal in the case of Reliable Automotive Private Limited versus Commissioner of CGST & Central Excise, setting aside demands and penalties. Get insights into the legal proceedings and conclusions.

Non-Fulfillment of Stipulated Event – No Service Tax Payable

April 30, 2024 705 Views 0 comment Print

The appellant, in a recent case involving the supply of crude oil/gas to ONGC, failed to meet the stipulated event for service completion. Consequently, the obligation to pay service tax was deemed non-applicable.

Fire Bricks Dismantled from Kiln’s Under Shell Not Subject to Duty as Waste or Scrap

April 26, 2024 420 Views 0 comment Print

Explore the CESTAT Ahmedabad ruling on liability for duty on fire bricks dismantled from kilns. Analysis, precedent, and conclusion provided in this detailed article.

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