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Demand u/r 11 unsustainable as rule 10(b) of Central Excise Valuation Rules applies

October 14, 2023 663 Views 0 comment Print

CESTAT Delhi held that once rule 10(b) of the Central Excise Valuation Rules, 1944 gets applicable, residual rule 11 of the Central Excise Valuation Rules, 1944 cannot be applied. Hence, demand confirmed under rule 11 is liable to be set aside.

Granting adjournment beyond three times unjustified hence appeal dismissed for non-prosecution

October 14, 2023 1713 Views 0 comment Print

CESTAT Allahabad held that as per provisions of section 35C(1A) of the Central Excise Act, 1944 granting of adjournment beyond three times is unjustifiable. Appeal dismissed for non-prosecution in terms of Rule 20 of CESTAT Procedure Rules, 1982

Confiscation & penalty justifiable due to illicit smuggling of gold without valid documents

October 14, 2023 786 Views 0 comment Print

CESTAT Delhi held that absolute confiscation of the gold and imposition of penalty thereon justifiable on account of illicit smuggling of gold without any valid documents.

Copyright Services on Original Artistic Works Exempt from Service Tax

October 14, 2023 933 Views 0 comment Print

A recent CESTAT Kolkata ruling clarifies that copyright services related to original artistic works are exempt from service tax under Section 65(zzzzt) of Finance Act.

No service tax on construction services for the period before June 1, 2007

October 14, 2023 711 Views 0 comment Print

A recent CESTAT Kolkata ruling on service tax liability clarifies that works contracts with material supply are not liable for service tax before June 1, 2007.”

Service tax leviable on teaching yoga & meditation under ‘Health & Fitness Services’

October 12, 2023 1563 Views 0 comment Print

CESTAT Allahabad held that service tax is leviable on services relating to health & fitness by way of teaching yoga and meditation under the category of ‘Health and Fitness Services’.

Cenvat Credit on inputs used in manufacture of product which is further utilized for manufacture of dutiable final product allowed

October 11, 2023 930 Views 0 comment Print

CESTAT Ahmedabad held that Cenvat Credit of duty paid on inputs used in manufacture of final products cleared without payment of duty and which is further utilized for manufacture of final products on which duty is paid is allowable.

Suspension of Customs Broker licence justified for facilitating fraudulent exports

October 11, 2023 1020 Views 0 comment Print

CESTAT Ahmedabad held that in case of production of a new retail sale price, duty is to be calculated on pro-rata basis, in the present case only four days, when the production has taken place.

Duty to be calculated on pro-rata basis in case of production of new retail sale price

October 11, 2023 939 Views 0 comment Print

CESTAT Ahmedabad held that in case of production of a new retail sale price, duty is to be calculated on pro-rata basis, in the present case only four days, when the production has taken place.

Charged paid by Foreign Telecommunication Operators not taxable under telecommunication services

October 11, 2023 795 Views 0 comment Print

CESTAT Kolkata held that the charges paid for services rendered by the FTOs (i.e. Foreign Telecommunication Operators) cannot be taxed under head ‘telecommunication services’. Accordingly, demand set aside.

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