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CESTAT Kolkata Upholds Confiscation of Betel Nuts and imposition of Penalty

July 21, 2023 729 Views 0 comment Print

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Kolkata has upheld the seizure of Betel Nuts and the imposition of penalties, dismissing the appeal by Sunil Kumar Yadav, who claimed ownership of the goods.

Once service tax levied under ‘Commercial Construction Service’, it cannot be re-demanded under ‘Works Contract Service’

July 21, 2023 474 Views 0 comment Print

The CESTAT quashes penalty against SAB Industries Limited, ruling that service tax cannot be levied under ‘Works Contract Service’ once demanded under ‘Commercial Construction Service’.

Confiscation of Gold Bars & Penalty based on Retracted Statements Unsustainable

July 21, 2023 2289 Views 0 comment Print

CESTAT Kolkata held that confiscation of gold bars and imposition of penalty thereon on the basis of retracted statements without proving that the gold bars are smuggled in nature is unsustainable.

Classification of Flexible Intermediate Bulk Containers – CESTAT Remanded Matter

July 21, 2023 873 Views 0 comment Print

CESTAT Ahmedabad remanded the matter for reconsideration in case of classification of goods i.e. Flexible Intermediate Bulk Containers under HSN code 63053200 or under 39231090.

Physician samples to be value as per rule 4 of Central Excise Valuation Rules, 2000

July 21, 2023 693 Views 0 comment Print

CESTAT Bangalore held that value of free physician samples should be done as per rule 4 of the Central Excise Valuation Rules, 2000. Valuation under rule 8 of the 2000 Rules by adding 15% profit to the cost of manufacture not acceptable.

Illegally Imported Goods without Valid Liable for Confiscation u/s 111 of Customs Act

July 21, 2023 735 Views 0 comment Print

Explore the recent case verdict by CESTAT Bangalore regarding K Kiran Tyres Vs Commissioner of Customs, focusing on the confiscation of illegally imported goods without a valid license.

SAD Refund Granted: Accounting procedures usually include past periods: CESTAT

July 21, 2023 1020 Views 0 comment Print

Insightful analysis of the recent case between the Commissioner of Customs and Doosan Infracore India Pvt. Ltd., where CESTAT Chennai dismissed the appeal of the revenue department on the sanction of the SAD refund claim.

CESTAT allows Refund Claim Appeal for Custom Duty amid Covid-19 Delays

July 21, 2023 903 Views 0 comment Print

Explore the CESTAT Hyderabad ruling favoring Jindal Stainless Limited in a pivotal case against the Commissioner of Customs. The case discusses the rejection of a refund claim due to Covid-19-related filing delays.

No Maximum Penalty for Violating CBLR Provisions without License Revocation

July 21, 2023 774 Views 0 comment Print

Review the case between Lotus Integrated Logistics and the Commissioner of Customs where CBLR violations didn’t result in license revocation or max penalty.

Refund claim u/s 11B filed beyond one year from relevant date is not maintainable

July 20, 2023 1683 Views 0 comment Print

CESTAT Mumbai held that refund claim under section 11B filed beyond the period of one year from the relevant date is not maintainable. Here, relevant date was date on which appellant has voluntarily paid the short payment of service tax.

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