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Appeal stands abated on death of the appellant: CESTAT

March 30, 2023 1434 Views 0 comment Print

Harbhan Singh Sandhu Vs  CC (CESTAT Chandigarh) In view of the judgement of Hon’ble Supreme Court in the case of Shabina Abraham vs. CCE-2015 (322) ELT 372 (SC), wherein it has been held that no proceeding can be initiated against dead person as it amounts to violation of natural justice inasmuch as dead person, who […]

Discharge Certificate under SVLDR Scheme issued: CESTAT dismisses appeal

March 30, 2023 888 Views 0 comment Print

It is seen that Discharge Certificate in Form No. SVLDRS-4 under SVLDR Scheme 2019 has been issued to assessee. Appeal is dismissed as deemed to be withdrawn.

CESTAT deletes penalty as same was imposed without specifying reason

March 30, 2023 1620 Views 0 comment Print

Rishad Shipping And Clearing Agency Pvt. Ltd. Vs Commissioner of Customs (Export) (CESTAT Mumbai) CESTAT find that in para 29 of the Order-in-Original, the original authority has held that the appellant were liable for penalty under Section 117 of the Customs Act, 1962 and subsequently ordered imposition of penalty of 2.0 lakhs under Section 114(i) […]

Heading covering specific description is to be preferred over heading covering general description

March 29, 2023 1167 Views 0 comment Print

CESTAT Hyderabad held that as per Rule 3 of General Rules of Interpretation specific description is to be preferred over a general description. Accordingly, CTH 9027 is more specific for instrument – I Stat System along with cartridges, etc. than CTH 9018.

Freight not includible in assessable value as factory gate is the place of removal

March 29, 2023 897 Views 0 comment Print

CESTAT Ahmedabad held that demand of duty on freight by including the same in assessable value not sustainable as factory gate is the place of removal.

Indian resident party of agreement liable to meet TDS obligation

March 29, 2023 603 Views 0 comment Print

CESTAT Chennai held that in agreements where one party is non-resident, it is responsibility of other Indian resident party to meet TDS obligation arising on account of the respective agreement.

Penalty not payable for service tax not paid on debatable issue

March 29, 2023 1209 Views 0 comment Print

There was a bona fide litigation going on as regards the nature of activity carried. As to whether activity carried amount to production so as to be covered under Business Auxiliary Services was a debatable issue

Appeal cannot be dismissed for delay in filing appeal against an Order not served

March 29, 2023 1170 Views 0 comment Print

CESTAT Mumbai remands customs appeal on service date ambiguity. Order-in-Original service method not specified. Time-bar decision reconsidered.

SVLDRS: Technical Glitch in Issuance of Form-4 – CESTAT grants relief

March 29, 2023 231 Views 0 comment Print

Glider Technologies Vs Commissioner of Customs Cochin-Cus (CESTAT Bangalore) Heard both sides. 2. Learned advocate submits that they have filed necessary application under Sabka Vishwas (Legacy dispute) Resolution) Scheme, 2019 (SVLDRS) before the concerned authority and since the appeal before this Tribunal was dismissed for non-payment of pre-deposit amount under Section 35F of Central Excise […]

SCN cannot be issued on the basis of mere Suspicion

March 29, 2023 897 Views 0 comment Print

Shree Rishabhdev Marble and Minerals Private Limited Vs Commissioner of Customs (Preventive) (CESTAT Delhi) CESTAT find that the present proceedings before this Court emanate from a letter dated 6.1.2020 which cannot be treated as a proper show cause notice. No reason or evidence to support the allegation has been brought on record by the respondent […]

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