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All CESTAT

Imposition of penalty on the basis of mathematical variation is unsustainable

October 26, 2022 489 Views 0 comment Print

Siba International Vs Commissioner of Customs (CESTAT Mumbai)  Facts of the case, in a nutshell, is that Appellant-Exporter Siba International was engaged in export of processed buffalo meat after procuring the same from M/s. Al-Azlan Frozen Foods, Moradabad (UP) an approved processing plant for export of boneless buffalo meat as a prescribed condition under Chapter […]

CESTAT allows CENVAT credit on Broadcasting services to Kellogg India

October 25, 2022 1110 Views 0 comment Print

Kellogg India Pvt. Ltd. Vs Commissioner of CGST & CE (CESTAT Mumbai) Appellant is engaged in the manufacture of breakfast cereals and avails the CENVAT credit of excise duty paid on inputs and capital goods and service tax paid on input services used in relation to the manufacture of their final products. From the perusal […]

No Service Tax exemption on Computer Education Service under Vocational Training

October 24, 2022 1380 Views 0 comment Print

Advance Computer Education Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) The appellant also raised a point that they are eligible for exemption on the vocational training service. In this regard we find that Computer Education service has been excluded from the Vocational Training service by Notification No. 19/2005-ST dated 07.06.2005. In this case […]

CESTAT allows CENVAT Credits to Appellant for input services availed by branch office

October 24, 2022 630 Views 0 comment Print

Desai and Diwanji Vs Commissioner of CGST (CESTAT Mumbai) It was held in that decision that in the event of centralised billing and centralised accounting system, when one registration is permissible under Section 4(2), discharging Service Tax liability from the registered premises would not disentitled the benefits of CENVAT Credit on the Service Tax paid […]

Export obligation discharge certificate (EODC) – CESTAT allows extended period to fulfill export obligation

October 24, 2022 1983 Views 0 comment Print

IND Synergy Ltd Vs Commissioner of Customs (CESTAT Hyderabad) This   appeal has been filed by M/s IND Synergy Ltd., (Raipur) assailing the order-in-original dated 31.07.2020 passed by the Principal Commissioner of Customs Visakhapatnam, the operative part of which is as follows: (a) “I deny the benefit of Notification No. 097/2004-Customs dated 17.09.2004 to the capital […]

Charges of clandestine removal needs to be substantiated by evidence

October 20, 2022 1260 Views 0 comment Print

CESTAT Allahabad held that clandestine removal is a serious charge and requires to be substantiated by evidence. Here, as department has not adduced any additional evidence to substantiate the allegation of clandestine removal not sustained.

Hotel accommodation service used by employee is an eligible input service for availment of Credit

October 19, 2022 5937 Views 0 comment Print

CESTAT held that Hotel accommodation service received by appellant is an eligible input service under Rule 2(l) of CENVAT Credit Rules, 2004

Micronutrients are classifiable under chapter heading 3105

October 19, 2022 957 Views 0 comment Print

CESTAT Hyderabad held that classifying micronutrients manufactured by the appellant, as plant growth regulators, under Chapter heading 38089304 instead of Chapter heading 3105 is unsustainable

Confessional statement of other person cannot be base for clandestine removal

October 19, 2022 1386 Views 0 comment Print

CESTAT Ahmedabad held that allegation of clandestine removals based upon the confessional statement of other persons or the documents recovered from the third party premises, without corroboration of the said documents is unsustainable

Alloy Steel Forging requiring further operation to be used as Rings for Bearing is classifiable under 7326

October 19, 2022 585 Views 0 comment Print

CESTAT Ahmedabad held that Alloy Steel Forging (machined) requires to undergo further operation to be ready to use as Rings for Bearing etc. Hence the same is classifiable under tariff heading 7326 Other Articles of Iron or Steel and not under chapter 84.

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