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Suo motu availment of Cenvat Credit reversed during Litigation: CESTAT Remands Matter back to adjudicating authority

April 28, 2023 519 Views 0 comment Print

Short issue involved in the present case for determination is as to whether appellant could suo motu take credit reversed during litigation

If a new & distinct commodity known to Market is produced, the process amounts to manufacture

April 28, 2023 639 Views 0 comment Print

Manufacture requires that a new distinct marketable goods should be produced.So long as a new and distinct commodity known to the market is produced, the process amounts to manufacture and not otherwise. 

Insurance claim have no bearing on claim for remission of duty

April 28, 2023 579 Views 0 comment Print

In case the goods are lost or destroyed by natural causes or by unavoidable accidents during handling or storage in the store room or other approved premises the duty cannot be demanded.

To appropriate an amount, the same must be demanded as legitimate duty or dues

April 28, 2023 429 Views 0 comment Print

Only that amount can be appropriated which is actually demanded and confirmed by the authority as legitimate duty or dues.

Customs Value declared by Assessee cannot be enhanced without rejecting it under Rule 12  

April 28, 2023 303 Views 0 comment Print

Enhancement of value of imported goods based on NIDB data and circular issued by DGOV without rejecting declared value under Rule 12 of Customs Valuation Rules, 2007 is not proper.

CVD Exemption cannot be denied based on Impossible Condition in notification

April 28, 2023 783 Views 0 comment Print

Benefit of CVD exemption under Notification No.30/2004-CE dated 09.07.2004 cannot be denied if condition is such that it is practically impossible to satisfy condition.

CESTAT upheld denial of Cenvat Credit on failure to produce evidence in support of job work claim

April 28, 2023 393 Views 0 comment Print

A manufacturer of finished goods is allowed the benefit of availment of CENVAT Credit on any inputs used in the manufacture of intermediate goods, processed by way of job work, availing the benefit of exemption as contained in MF, DR Notification No. 214/86-CE dated 25.03.1986, and received by them for use in or in relation to, the manufacture of final product.

No service tax on liquidated damages for breach of any contract terms

April 28, 2023 978 Views 0 comment Print

No service tax can be levied on the amount collected towards liquidated damages or penalty for breach of any of the terms of the contract.

Customs Broker Licence cannot be revoked for relying on data available on Govt websites

April 28, 2023 309 Views 0 comment Print

ARS International Vs Commissioner of Customs (CESTAT Chennai) Brief facts of the case are that the appellant is a holder of Customs Broker license issued by Commissioner of Customs, Tuticorin and is also transacting business at Bengaluru, Chennai, Mumbai and New Delhi. As per the investigation report dated 23.7.2020, a specific intelligence was received by […]

Service Tax refund cannot be rejected without putting the appellant on notice

April 27, 2023 255 Views 0 comment Print

Whether refund can be rejected without putting the appellant on notice for the ground on which refund was rejected. Insofar as the rejection of refund of Rs.13,77,971/- is concerned, the appellant were not issued with a show cause notice for the ground on which the same was rejected. The appellant did not get opportunity to present their case

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