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Reassessment cannot be requested by party who self-assessed its Bill of Entry

April 24, 2023 2502 Views 0 comment Print

CESTAT Ahmedabad held that nothing in the expression of Section 17(4) indicates that re-assessment of duty can be done at the request of party which has self-assessed its Bill of Entry and after clearance wants another benefit.

Interest on delayed refund payable from date of deposit till date of payment

April 24, 2023 2217 Views 0 comment Print

CESTAT Chandigarh held that interest on delayed refund at the rate of 12% per annum payable from the date of deposit till the date of payment.

CENVAT Credit availed by recipient not deniable as assessment made by dealer not revised

April 24, 2023 1488 Views 0 comment Print

CESTAT Mumbai held that unless and until the assessment made at the dealer’s end is revised or altered, the Cenvat credit availed on the basis of invoices by the recipient’s unit cannot denied/whittled down.

Customs broker cannot allow its licence to be used by someone else

April 24, 2023 2031 Views 0 comment Print

CESTAT Delhi held that customs broker cannot allow its licence to be used by someone else impersonating it. Accordingly, revocation of customs licence, forfeiture of security deposit and imposition of penalty justified.

CESTAT explains Test to determine unjust-enrichment

April 23, 2023 1149 Views 0 comment Print

CESTAT Ahmedabad orders a fresh look into Vapi Care Pharma’s refund claim, probing the unjust enrichment aspect and duty pass-through.

Extended period of limitation cannot be invoked if facts were known to Revenue

April 23, 2023 1167 Views 0 comment Print

CESTAT Ahmedabad decides in favor of Eimco Elecon India Ltd, setting aside demand for reversal of cenvat credit and penalty, citing past tribunal order.

No service tax on handling of agriculture produce within or outside port by Cargo handling agency

April 23, 2023 912 Views 0 comment Print

CESTAT Ahmedabad clarifies classification of cargo handling services within port premises, affirming eligibility for tax exemption under Notification 10/2002.

No service tax on GTA Service in Absence of Consignment Notes

April 23, 2023 2103 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Savla Chemicals, dismissing the service tax demand under goods transport agent service due to lack of consignment notes.

No Service Tax on service provided by the club to its members

April 23, 2023 1044 Views 0 comment Print

CESTAT Ahmedabad rules MPC Gymkhana not liable for service tax on short-term accommodation charges, following Supreme Court’s CALCUTTA CLUB LTD. judgment.

Extended period cannot be invoked as appellant is government company

April 22, 2023 1965 Views 0 comment Print

CESTAT Delhi held that when a government company is involved there will be a rebuttable presumption regarding non­existence of any of the ingredients mentioned in the proviso to section 73(1) of the Finance Act. Accordingly, extended period of limitation couldn’t be invoked.

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