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Refund of Excess excise Duty Eligible on Quantity Discount Extension: CESTAT

July 31, 2023 651 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Savita Oil Technologies, allowing the refund of excess excise duty paid due to quantity discounts given to customers.

Service Tax Demand Requires Accurate Service Specification in SCN

July 30, 2023 1098 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Goyal & Co Construction, stating service tax demand cannot be confirmed without mentioning it in the show cause notice.

CESTAT: Ferrous Scrap Clearance from Imported Brass Not Treated as Input Removal

July 30, 2023 984 Views 0 comment Print

CESTAT ruling discusses whether clearance of iron and steel scrap from imported brass can be treated as removal of inputs under Cenvat Credit Rules, 2004.

CESTAT: HDPE Exempt from Customs Duty, Character Unchanged Even After Modification

July 30, 2023 1173 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Vikram Plasticizers, granting them customs duty exemption for their chemically modified HDPE, as it maintains its character.

Slight variation in physical weight not affects value declared on the basis of Theoretical Weight

July 30, 2023 2433 Views 0 comment Print

In the case of Welspun Corp Ltd vs. C.C.-Mundra, CESTAT Ahmedabad ruled that a minor increase or decrease in weight compared to import invoices, calculated based on theoretical weight, is allowable. The tribunal cited a previous judgment in favor of the appellant and set aside the demand for enhanced valuation.

CESTAT Chennai Rules in Favor of Sugar Mill – Manpower Supply Allegations Rejected

July 30, 2023 804 Views 0 comment Print

CESTAT Chennai allows the appeal filed by Nadippisai Pulavar K.R. Ramasamy Co-operative Sugar Mills Ltd., rejecting the allegations of manpower supply. The demand for Service Tax is set aside.

CESTAT Chennai: SCN for Revocation of License Must Be Issued Timely

July 30, 2023 669 Views 0 comment Print

CESTAT Chennai allows the appeal filed by Trade Wings Logistics India Pvt. Ltd., revoking the Custom Brokers license due to the Show Cause Notice being issued beyond the stipulated 90 days from the date of the offense report.

Eligibility of CENVAT Credit for Duty on Molasses in Rectified Spirit Production

July 30, 2023 1359 Views 0 comment Print

CESTAT Chennai held that input credit of duty paid on molasses used in production of rectified spirit being a final product is eligible as CENVAT Credit.

Unsustainable Penalty u/s. 112 and 114AA without Knowledge of Prohibited Goods Import

July 30, 2023 3420 Views 0 comment Print

CESTAT Delhi held that penalty u/s. 112 and 114AA of the Customs Act not leviable in absence of any knowledge of goods of prohibited nature being imported.

Deposits During Investigation Not Subject to Unjust Enrichment Principles

July 29, 2023 3003 Views 0 comment Print

CESTAT Ahmedabad held that any amount deposited during pendency of adjudication proceeding or investigation is in the nature of pre-deposit and principles of unjust enrichment is not applicable.

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