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MEIS claimed on goods of foreign origin – CESTAT reduces Redemption fine & Penalty

January 18, 2023 669 Views 0 comment Print

Cipra Enterprises Vs Commissioner Of Customs- (Export) (CESTAT Delhi) Learned Commissioner (Appeals) observed that it is not in dispute that the goods are not of Indian origin and hence, the appellant was not entitled to claim the benefit of MEIS. Thus, the goods were found to be mis-declared as the appellant had declared the goods […]

Revocation of customs broker license unreasonable in absence of violation of Regulation 10(a), 10(d) & 10(n)

January 17, 2023 1902 Views 0 comment Print

CESTAT Delhi held that order of revoking the license of the Customs Broker is unreasonable and unjustified as there was no violation of Regulation 10(a), 10(d) and 10(n) of Customs Broker Licensing Regulations, 2018.

Recovery based on erroneous refund unsustainable as adjudication taken place u/s. 11B of Central Excise Act

January 17, 2023 2205 Views 0 comment Print

CESTAT Mumbai held that once the adjudication has taken place under section 11B of the Central Excise Act there cannot be recovery on claim of ‘erroneous refund’ under section 11A of the Central Excise Act.

Modification of ‘Product under Consideration’ to ‘Saturated Fatty Alcohol’ allowed

January 16, 2023 1203 Views 0 comment Print

CESTAT Delhi with regard to anti-dumping duty on imports provided the relief of modification of the ‘product under consideration’ to ‘Saturated Fatty Alcohol with a carbon chain length of C12, C14, C16 and C18.

Commissioner (A) not empowered to issue notice u/s 73(1) of the Finance Act

January 16, 2023 2613 Views 0 comment Print

CESTAT Delhi held that Commissioner (Appeals) did not have the power to issue the notice under section 73(1) of the Finance Act. Accordingly, order passed thereon deserved to be set aside.

No limitation on refund of Transitional credit under Section 142 of CGST Act

January 16, 2023 2160 Views 0 comment Print

NIIT Limited Vs Commissioner, CGST (CESTAT Delhi) Transitional provision of Section 142(3) of CGST Act provides that every claim of refund filed by the person after the appointed day (30.06.2017) for refund of any amount of Cenvat credit/duty/tax/interest or any other amount paid under the existing law shall be disposed of in accordance with the […]

In absence of evidence amount collected should be treated as inclusive of Service Tax

January 16, 2023 2559 Views 0 comment Print

In the instant case no evidence has been produced by the revenue to hold that the amount collected by the appellant is exclusive of service tax or it has been separately collected by the appellant. In view of the above, we do not find any merit in the department’s stand that benefit of Section 67(2) could not be extended.

CESTAT allows Cenvat Credit on Advertisement & Sales Promotion Services to Dabur India

January 16, 2023 525 Views 0 comment Print

Dabur India Limited Vs C.C.E & S.T. (CESTAT Ahmedabad) Appeal No. E/10573/2015 is filed by appellant – M/s. Dabur India Limited (Unit-1) against Order-in-Original No. VAP-EXCUS-000-COM-014-14-15 dated 30.12.2014 and Appeal No. E/10574/2015 is filed by appellants-M/s. Dabur India Limited (Unit-2) against Order-in-Original No. VAP-EXCUS-000-COM-015-14-15 dated 30.12.2014. The issue in both these appeals is common. Therefore, […]

Service tax on amount recoverable from trainees for Notice Pay- CESTAT directs re-adjudication

January 16, 2023 615 Views 0 comment Print

He pointed out that when trainees are employed by the appellant, the appellant spent a significant amount of time and money in training the employees therefore, the employment contract has various conditions put on the trainees. In case the trainee breaches any of those conditions, a specific amount is recoverable from the trainees. The said amount is also sought to be taxed under Section 66E(e) of the Finance Act, 1994.

Commission on Sales cannot be treated as Advertising Agency Service Income

January 16, 2023 2655 Views 0 comment Print

Drishty Communication Private Limited Vs C.C.E. & S.T. (CESTAT Ahmedabad) The appellants were engaged in providing services as advertising service to get customize and were registered “The Indian Newspaper Society” (INS). They were remitting 85% of the total amount received from their customers on getting space/time from media agencies or news papers or various publications. […]

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