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Service relating to power transmission exempted from service tax

November 21, 2022 2910 Views 0 comment Print

CESTAT Ahmedabad held that all the services provided in relation to power transmission is exempted from service tax as per notification 45/2010-ST.

Rejection of transaction value without evidence proving reason influencing price is unjustified

November 18, 2022 666 Views 0 comment Print

CESTAT Ahmedabad held that rejection of transaction value is unjustified as department has failed to produce any evidence reflecting that the relationship between the parties has influenced the price.

Suspension of Custom Broker License lifted on lapse of significant time

November 18, 2022 1338 Views 0 comment Print

CESTAT Kolkata has held that Custom Broker License suspended under Regulation 16(1) of Customs Brokers Licensing Regulations, 2018 for around a month is directed to be lifted as necessary inquiry should have completed during the said suspension time.

Pre-Shipment Inspection Certificate is to be furnished at the Time of Clearance of Goods by Importer

November 17, 2022 834 Views 0 comment Print

Caravel Logistics Private Limited Vs Commissioner of Customs (CESTAT Chennai) Handbook of Procedures issued by the Directorate General of Foreign Trade (DGFT) dated 08.04.2005 (2004-09) requires, at paragraph 2.32, in the case of import in the form of metallic waste, scrap, etc., referred to therein, the furnishing of pre-shipment inspection certificate at the time of […]

Customs: Confiscation of goods & penalty not valid if based on mere Adduced statement

November 17, 2022 771 Views 0 comment Print

In this case findings of the Adjudicating Authority, clearly exonerates this appellant from the penal action under Section 114AA of the Customs Act, 1962, for the reason that there was no material on record to prove that the appellant had submitted the fake gate pass.

Subsidiary & its parent company located in different taxable territories are distinct entities

November 17, 2022 1806 Views 0 comment Print

Service provided by a company in India to its Hundred percent holding company abroad cannot be considered as an establishment of a distinct person and therefore such services would be export of services.

Appeal cannot be dismissed for mere withdrawal of SVLDRS Application

November 17, 2022 840 Views 0 comment Print

Icon Industries Vs Commissioner, CGST (CESTAT Delhi) Sabka Vishwas (Legacy Dispute Resolution) Scheme (SVLDRS) was introduced by way of Finance (No. 2) Act, 2019 by the Central Government. The main objective of the scheme is to provide for the settlement of pending disputes related to indirect taxes. The Appellant although applied under the said scheme […]

CESTAT Allows Refund of unutilized cenvat credit of EC. & SHEC on 30/06/2017

November 16, 2022 531 Views 0 comment Print

CESTAT find that, had the appellant not utilized the Cenvat credit of EC & SHEC for payment of output tax/duty in December 2016, the same would have become refundable as on 30/06/2017.

Nexus between input and output service not required for claiming refund u/s 5 of CCR, 2004

November 16, 2022 1122 Views 0 comment Print

CESTAT Mumbai held that amended rule 5 of CENVAT Credit Rules, 2004 prescribes the formula for claiming refund of service tax by the service provider. Under such amended rule in vogue, there is no requirement of satisfying the nexus between the input service and the output service and hence order rejecting refund claim for the finding on nexus is not in accordance with law.

CENVAT Credit based on incomplete debit note is not eligible

November 16, 2022 774 Views 0 comment Print

CESTAT Chennai held that as the debit note doesnt contain the nature of taxable service provided by the other party to the appellant, such debit note cannot be considered a valid document as per Rule 9 of CCR, 2004 and hence CENVAT Credit ineligible.

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