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CESTAT Allows Plea for Change of Classification in Globus Infocomm Case

January 2, 2023 330 Views 0 comment Print

Read about the CESTAT decision in the case of Globus Infocomm Ltd. vs. Principal Commissioner of Customs (Import), where the plea for change of classification was accepted. The order directs the re-examination of classification, duty demands, mis-declaration allegations, and penalties.

Duty passed on via supplementary invoice is eligible as cenvat credit

January 1, 2023 1668 Views 0 comment Print

CESTAT Ahmedabad held that duty passed on via supplementary invoice is eligible for cenvat credit as it is not due to reason of any suppression of fact, fraud, collusion or wilful mis-statement, etc and hence not barred by provisions of Rule 57AE of Central Excise Rules, 1944.

Cenvat eligible on insurance premium paid for group insurance of employees opting under VSS

January 1, 2023 1215 Views 0 comment Print

Reliance Industries Ltd Vs Commissioner of Central Excise & Service Tax (CESTAT Mumbai) CESTAT Mumbai held that insurance premium paid for group insurance to cover employees opting for Voluntary Separation Scheme (VSS) amounts to input service and accordingly cenvat credit available under Cenvat Credit Rules, 2004. Facts- The appellant, M/s Reliance Industries Ltd, manufacturer of […]

No SSI Exemption on Manufacture of Power Driven Pumps without BIS & ISI Certification

January 1, 2023 378 Views 0 comment Print

Admittedly the appellant’s product is not in conformation to BIS standard as specified in notification. They have not obtained any ISI certificate. Therefore, exemption of SSI notification 08/2003-CE as amended, is not admissible to appellant

Classification of Custom made silos based on purchase orders placed by customers

December 31, 2022 1722 Views 0 comment Print

B.G. Shirke Construction Technology Pvt. Ltd. Vs Commissioner of Central Excise (CESTAT Mumbai) Appellant manufactures silos for storage of food grains. Custom made silos based on purchase orders placed by customers. It classified under chapter heading 84379090. Revenue contended it is a “prefabricated building” falling under chapter heading 94060099. Show cause notices were issued and […]

Value should firstly be determined as per value of contemporaneous imports of identical goods

December 31, 2022 1197 Views 0 comment Print

CESTAT Delhi held that as per Rule 4 of the Customs Valuation (Value of Imported goods) 2007 the value shall be the value of contemporaneous imports of identical goods. If such a value is not found, then as per Rule 5 the value shall then be the value of contemporaneous imports of similar goods. Only if neither is available, Rules 7 can be resorted to.

Office memorandum set aside for reconsideration of recommendation for imposition of anti-dumping duty

December 31, 2022 1236 Views 0 comment Print

CESTAT Delhi set aside the office memorandum for reconsideration of recommendation made by designated authority for imposition of provisional anti-dumping duty.

Penalty under Rule 26 cannot be imposed for issuance of bogus LRs prior to 01.04.2007

December 31, 2022 294 Views 0 comment Print

Rajesh Kumar Narula Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT find that there is no dispute about the fact that the period involved in the present case is 2004-05. The offence of issuing bogus LR can at the most fall under the provision of Rule 26(2) of Central Excise Rules, 2002. However, the said provision […]

Reversal of proportionate Cenvat credit in respect of exempted goods – CESTAT directs readjudication

December 31, 2022 165 Views 0 comment Print

If appellant have not availed Cenvat credit in respect of input service used in exempted goods and if at all the same is availed and subsequently reversed proportionate credit, the assessee is not required to pay 5%/ 10%.

Cenvat credit eligible on Materials for making Foundation of Machineries in factory premises

December 31, 2022 1128 Views 0 comment Print

Cenvat credit eligible in respect of Cement, TMT bars, MS angles, channels, beams, racks, plates, etc. used for making foundation of machineries installed in the factory premises and also for making structures for support of the plant.

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