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All CESTAT

Re-determination of value, without any case of mis-declaration & undervaluation, not maintainable

July 14, 2022 2088 Views 0 comment Print

Revenue has not made out any case of mis-declaration and consequential undervaluation. Therefore, we find no merit in the re-determination of the value of the yacht and confirmation of differential duty thereon.

Cenvat Credit on capital goods eligible when finished goods are dutiable under Central Excise 

July 12, 2022 660 Views 0 comment Print

K K Spun India Ltd. Vs Commissioner of Central Excise Customs and Service Tax (CESTAT Delhi) Learned Counsel for the appellant urges that the show cause notice is mis-conceived, as the finished products manufactured by the appellant are not exempted, rather are dutiable @ 10% ad valorem as per CTH 68109990 under the Central Excise […]

Cenvat credit of service tax paid under RCM eligible to manufacturer

July 12, 2022 2106 Views 0 comment Print

G & G Ispat (P) Limited Vs Commissioner (CESTAT Delhi) Appellant admittedly has paid the service tax chargeable from them under reverse charge mechanism, on 31.10.2015, which was reflected in the return filed for the period 2014-15, which was filed on 21.01.2016. Further, appellant has also informed this fact of tax having been deposited vide […]

Ocean freight not subject to Service Tax under Business Auxiliary Services

July 10, 2022 1353 Views 0 comment Print

CESTAT set aside order of Revenue Department demanding service tax on Ocean Freight Charges under Business Support Services.

Arbitrary valuation of goods not subjected to BIS specifications is invalid

July 10, 2022 825 Views 0 comment Print

CESTAT held that the revaluation of the goods which are not subjected to BIS specifications was made in arbitrary manner and was not adhere to the principles of natural justice.

C&F Agent Service is admissible input service under Cenvat Credit Rules

July 10, 2022 564 Views 0 comment Print

CESTAT held that Clearing and Forwarding (C&F) agent service is admissible input service in terms of Rule 2(l) of CENVAT Credit Rules, 2004

Adjudicating authority cannot review order of appellate authority in limited remand  

July 10, 2022 882 Views 0 comment Print

Technova Imaging Systems Pvt. Ltd. Vs Commissioner of Customs (CESTAT Mumbai) Refusal of SAD to the Appellant-importer by the Refund Sanctioning Authority that has received concurrence of the Commissioner (Appeals) in the second round of litigation is assailed in this appeal. The gist of the order of Commissioner (Appeals) is that goods imported and goods […]

Excise Act Limitation not Applicable to balance in PLA

July 10, 2022 1284 Views 0 comment Print

CESTAT held that in case of PLA balance, it is not deposited as a duty but it is deposited as advance towards the duty. The PLA Amount takes the color of excise duty only when it is utilized for payment of duty on clearance of excisable goods. The unspent balance of PLA is only advance not duty therefore, Section 11B is not applicable.

No penalty for mis-declaration of origin of goods without any evidence of deliberate mis-declaration

July 10, 2022 1146 Views 0 comment Print

Shobha Plastics Pvt Limited Vs Commissioner of Customs (CESTAT Ahmedabad) The Principal Commissioner of Customs Ahmedabad vide impugned order has imposed penalty under section 112 (a) of the Act upon the appellants Jayesh Mehta and Harshad Vadodaria on the ground that appellants herein have aided and abetted the importer in importing the goods by way […]

No Excise Duty or Reversal of Cenvat Credit on Removal of Empty packaging

July 10, 2022 345 Views 0 comment Print

CESTAT held that assessee is not liable for payment of either excise duty or cenvat credit under Rule 6(3) of the Cenvat Credit Rules, 2004 on empty packaging material of cenvatable input.

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