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Penalty imposed without verifying Service Tax Payment documents – CESTAT directs reconsideration

August 5, 2023 726 Views 0 comment Print

Examining Nandji Mishra Vs Commissioner of Central Excise case on service tax non-payment penalties and the need for evidence verification.

Duty Demand Quashed: No Evidence for Clandestine Goods Removal

August 5, 2023 1734 Views 0 comment Print

Analysis of Asian Plywood Industries Vs CGST & Excise case where demand of customs duty is quashed due to lack of evidence for clandestine goods removal.

Universal Joints Parts for Transmission Shaft falls under Heading 84836090

August 4, 2023 1452 Views 0 comment Print

CESTAT Delhi held that Universal Joints Parts to be used in transmission shaft, are more specifically covered under sub heading 8483 60 90 and not under heading 8708.

Duty Admittance Before Settlement Commission not Justify Denial of Warehouse License Renewal

August 4, 2023 900 Views 0 comment Print

CESTAT Chennai held that non-renewal of Private Bonded Warehouse license alleging settlement of disputes and admission of duty liability before Settlement Commission is unjustified. As post settlement, immunity is granted to the assessee from fine, penalty and prosecution under Customs Act and any other Central Act.

Service Tax Inapplicable on Liquidated Damages

August 4, 2023 2424 Views 0 comment Print

Review and analysis of the CESTAT Delhi’s ruling in Steel Authority of India Ltd. Vs Principal Commissioner regarding tax on contractual penalties.

Sterling Agro Vs Customs: Fine in Lieu of Confiscation Ruling

August 4, 2023 1107 Views 0 comment Print

CESTAT allows Sterling Agro to redeem goods via a fine instead of confiscation, further reduces penalty. Review this detailed court order analysis.

Service tax cannot be levied if demand raised under a wrong Head

August 1, 2023 1809 Views 0 comment Print

In the case of Raj Inter Decor Pvt. Ltd. vs. Commissioner of Central Excise, CESTAT Chandigarh ruled that service tax cannot be levied for a composite contract under the wrong head.

Vehicle Sale’s Handling Charges Exempt from Service Tax if VAT Applied

August 1, 2023 2220 Views 0 comment Print

CESTAT Ahmedabad rules no service tax leviable on VAT-subjected vehicle sales, in Jivan Jyot Motors Pvt Ltd Vs Commissioner of Central Excise & ST.

Service provided by foreign entities outside India not liable for service tax

August 1, 2023 1029 Views 0 comment Print

Uncover Pakona Engineers’ victorious battle against the Commissioner of Central Excise. Service provided by foreign entities not liable for service tax.

CVD Exemption under Notification No. 30/2004-CE Valid for Trader not Availing CENVAT Credit

August 1, 2023 1161 Views 0 comment Print

An exploration of CESTAT Chennai’s judgement on CVD exemption under Notification No. 30/2004-CE for a trader not availing CENVAT credit.

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