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CESTAT Ruling on one year Refund Period from Date of Final Bill of Entry

July 4, 2023 687 Views 0 comment Print

In the case between Shital Ispat Pvt Ltd and C.C.-Jamnagar, CESTAT Ahmedabad orders re-consideration, stating the one-year period for filing a refund begins from the date of finalizing the bill of entry in instances of initial provisional assessment.

Mere CA Certificate insufficient to prove incidence of duty: CESTAT directs re-examination

July 4, 2023 1509 Views 0 comment Print

In the case between Pelican Rubber Ltd and Commissioner of Customs, CESTAT Hyderabad asserts that a CA Certificate is insufficient to prove the incidence of duty, directing a remand to the Original Authority for re-examination.

Custom Duty & Penalties on Duty-Free Imported Raw Materials for Pharma Jobwork

July 4, 2023 573 Views 0 comment Print

Explore the crucial CESTAT Ahmedabad judgment on Sun Pharmaceuticals Industries Ltd Vs C.C.E. & S.T, casting a spotlight on the adherence to EXIM policy and implications for the pharmaceutical industry.

Fraudulent VKGUY & DEPB License Obtainment: CESTAT directs Reconsideration

July 4, 2023 555 Views 0 comment Print

The case of Hindalco Industries Limited Vs C.C.E-Bharuch, involving a forged VKGUY/DEPB licence issue, has been remanded for reconsideration by the CESTAT Ahmedabad. Read for in-depth analysis and conclusions on this case.

Commissioner (A) can remand the matter to Adjudicating Authority to decide afresh

July 4, 2023 1956 Views 0 comment Print

The CESTAT Ahmedabad upholds Commissioner (Appeals)’ decision to remand the C.C.E. & S.T Vs Indian Oil Corporation Ltd case back to adjudicating authority for re-examination of documentary evidence regarding unjust enrichment.

Service tax not leviable on provision as per GAAP for sharing expenditure of receipt of sponsorship services

July 4, 2023 768 Views 0 comment Print

CESTAT Chennai held that the provisions made in the books of account by the appellant as per the GAAP towards sharing the expenditure on account of receipt of sponsorship services cannot be subjected to tax.

Extended period of limitation cannot be invoked on a legitimate buyer

July 3, 2023 1380 Views 0 comment Print

CESTAT set aside the order demanding excise duty and held that the buyer who has paid a valuable consideration could not be proceeded upon by taking the aid of a larger period of limitation as per Section 11A(1) of the Central Excise Act, 1944 unless it is proved that the buyer was also involved in fraud.

Demand on semi-finished and finished goods not sustained as goods exported on payment of duty

July 3, 2023 1077 Views 0 comment Print

CESTAT Chennai held that duty demand on semi-finished goods and finished goods not sustainable as goods are exported on payment of duty under section 3(1) of the Central Excise Act, 1944.

Goods imported separately cannot be clubbed for the purpose of classification

July 3, 2023 2694 Views 0 comment Print

CESTAT Kolkata held that goods imported separately by two different importers cannot be clubbed for classification purpose. Goods imported by appellants not in CDK condition cannot be classified under Customs Tariff Heading 87038040.

Value of goods exported not includible in threshold limit prescribed under notification no. 8/2003-CE

July 3, 2023 693 Views 0 comment Print

CESTAT Chennai held that when Form-H has been produced to establish that the goods have been exported the value of such clearances would not be included in the aggregate value so as to deny the SSI exemption.

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