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Doctrine of Unjust Enrichment inapplicable when appellant made disputed Payment

June 21, 2023 1080 Views 0 comment Print

Delve into judgment of CESTAT Kolkata in the case of Pecon Computech Pvt Ltd Vs Commissioner of CGST & Excise, underlining non-applicability of unjust enrichment in context of Service Tax refunds

Provision of service by commission agent to foreign principals is export of service

June 21, 2023 2250 Views 0 comment Print

CESTAT Mumbai held that services provided by appellant (Commission agent) to their foreign principals is ‘export of service’ as contemplated under rule 3 of the 2005 Export Rules.

Mere sending of Order by registered post not amounts to valid service

June 21, 2023 1674 Views 0 comment Print

CESTAT Mumbai in Metro Fashions vs Commissioner of Customs, held that mere sending of Order-in-Original by registered post was not deemed to be valid communication, impacting the limitation period for an appeal.

Penalty not leviable if Department was not sure of the provision of law

June 21, 2023 2208 Views 0 comment Print

CESTAT Ahmedabad recently ruled in the case of Fiberweb India Ltd Vs C.C.E. & S.T. Daman, shedding light on the limitations of selective departmental audits and customs duty demands.

CESTAT rules against Extended Period of Limitation for Evaporation Loss Demand

June 21, 2023 606 Views 0 comment Print

CESTAT Ahmedabad ruled in the case of Sujag Fine Chemicals Pvt Ltd Vs C.E. & S.T. Vadodara, opposing the application of an extended period of limitation for a customs duty demand on declared evaporation loss

Trade discount is not to be added in the assessable value

June 20, 2023 1857 Views 0 comment Print

CESTAT Ahmedabad held that trade discount is not includible in the assessable value hence central excise duty is not payable on the same.

CVD based on retail sale price in case of prepared glues and other prepared adhesives justified

June 20, 2023 633 Views 0 comment Print

CESTAT Chennai held that collection of CVD on basis of retail sale price in terms of Notification No. 49/2008-C.E.(N.T.) dated 24.12.2008 issued under Section 4A of the Central Excise Act, 1944 in case of prepared glues and other prepared adhesives justified.

Extended period not invocable in subsequent notice when prior notice already issued on same subject

June 20, 2023 3645 Views 0 comment Print

CESTAT Kolkata held that the extended period of limitation cannot be invoked in subsequent show cause notice, where the Department has earlier issued Show Cause Notice in respect of the same subject-matter.

Rent received from jointly owned property cannot be combined to impose service tax on individuals

June 20, 2023 1572 Views 0 comment Print

CESTAT’s decision clarifies that since the rent received by individual co-owners is below the specified threshold, there is no basis for imposing service tax on these amounts.

Interest not leviable when wrongly availed Cenvat credit is not utilized

June 20, 2023 1836 Views 0 comment Print

CESTAT Kolkata held that as per substituted provisions of Rule 14 of the CENVAT Credit Rules, interest is not leviable where wrongly availed credit is only taken but not utilized.

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