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Duty demand in petroleum products should be based on net quantity after adjusting gain and loss

April 26, 2023 1860 Views 0 comment Print

CESTAT Chennai held that net quantity after adjusting the gain and loss has to be taken for demand of duty in case of petroleum products.

RCM liability invoking section 66A not sustainable as inspection service is performed in India

April 26, 2023 933 Views 0 comment Print

CESTAT Chennai held that service receiver (appellant) not liable to pay service tax invoking provisions of section 66A of the Finance Act under reverse charge mechanism (RCM) as inspection service is performed in India.

Benefit of exemption notification 6/2002 available to the Tubular Plate Lead Acid batteries

April 26, 2023 1155 Views 0 comment Print

CESTAT Kolkata held that the Tubular Plate Lead Acid batteries are an integral part of the Solar Power Generating System, are eligible for the benefit of exemption Notification 6/2002 dated 01/03/2002 as amended.

No Service Tax on Construction of Residential Complexes before 01.07.2010

April 26, 2023 1452 Views 0 comment Print

CESTAT held that no Service Tax could be levied on construction of residential complexes prior to 01.07.2010 even when service is rendered either as service simpliciter or as a works contract.

No service tax on training of officers outside India by a foreign agency

April 26, 2023 1251 Views 0 comment Print

Training of officers by a foreign agency was performed outside of India. Therefore, there cannot be any liability of Service Tax.

Scrap generated during the process of manufacture is not liable to excise duty

April 26, 2023 1980 Views 0 comment Print

Waste and scrap are emerging as by-products during the course of manufacture of other products and therefore are not exigible to excise duty.

DEPB license obtained based on fabricated documents – Penalty upheld

April 26, 2023 975 Views 0 comment Print

DEPB licences sold by the appellant were based on fabricated documents showing export of goods to Bangladesh through Land Customs Station

Cost of Corrugated Boxes supplied Free of Cost Includible in Transaction Value

April 26, 2023 747 Views 0 comment Print

Cost of free supplied corrugated boxes need to be included into assessable value of metal containers for payment of Central Excise duty.

Benefit of exemption notification no. 102/2007 not deniable alleging imported goods were sawn and sold in DTA

April 25, 2023 711 Views 0 comment Print

CESTAT Ahmedabad held that the benefit of exemption Notification No. 102/2007 cannot be denied merely because the imported goods were of logs whereas the same were sawn and sold in DTA.

Suspension of Customs Broker license at the stage of Show Cause Notice unjustified

April 25, 2023 1809 Views 0 comment Print

CESTAT Kolkata held that suspension of Customs Broker license at the stage of Show Cause Notice unjustified as the same will have serious implication on the livelihood of many employees working in the organization.

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