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In absence of ‘intent to conceal’ cannot be construed as smuggled: CESTAT

June 8, 2020 2136 Views 0 comment Print

CESTAT directs Customs Authorities to return confiscated gold to Foreign National- lack of evidence and flimsy investigation by the authorities. Held that in the absence of ‘intent to conceal’ cannot be construed as smuggled.

Service by NSDL to depository participants liable to Service Tax

June 8, 2020 7479 Views 0 comment Print

Services provided by NSDL to depository participants are aptly of ‘provision and transfer of information and data processing’, classifiable under (vii) of Banking and Financial Services as defined under Section 65(12) of Finance Act, 1994;

Know How’ is not IPR and not liable to service tax

June 8, 2020 1779 Views 0 comment Print

Grant of exclusive right to assessee by Mauritius Revlon to use the ‘know how’ in any plant in accordance with the processes, specifications and recipes thereof in connection with the manufacture, marketing, sale  and distribution of Revlon  Products would not fall in the definition of “intellectual property right‟ so as to make it taxable under section 65(105) (zzr) of the Finance Act.

Refund can’t be rejected merely because registration number not mentioned in invoice

June 4, 2020 2796 Views 0 comment Print

The issue under consideration is whether it is correct to reject the refund on the basis that the registration number of appellant not mention in invoice?

Cenvat Credit cannot be denied for Invoices prior to ISD registration

June 1, 2020 2382 Views 0 comment Print

Mafatlal Industries Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) Demand of Rs. 39,60,634/- was confirmed on the ground that same was wrongly availed on ISD invoices issued by the appellant’s Ahmedabad and Mumbai branch for services availed prior to the date of ISD registration was granted for the said unit. We find […]

Customs Valuation Rules- Invoice price cannot be rejected without cogent reasons

May 29, 2020 4389 Views 0 comment Print

CESTAT are of the clear view that merely based on DGOV circular also, value cannot be enhanced which is without authority of law. It is clearly held that DGOV circular cannot override the provisions of Valuation Rules.

Electricity bill paid on behalf of client is not ‘Business Auxiliary Service’

May 29, 2020 2004 Views 0 comment Print

The issue under consideration is regarding classification of services, whether electricity bill paid on behalf of client can be classified as ‘Business Auxiliary Service’?

Higher discount justified if Goods imports in Bulk & maintain inventory by incurring Additional Cost

May 27, 2020 5385 Views 0 comment Print

Lutron GL Sales & Services Pvt. Ltd. Vs Commissioner of Customs (CESTAT Delhi) The issue under consideration is whether the percentage of enhancement to the transaction value ordered by the Deputy Commissioner of Customs is justified in law? In the present case, the appellant M/s Lutron GL Sales & Services Pvt. Limited imports lighting control […]

Date of filing of bill of entry is not date of import

May 6, 2020 12750 Views 0 comment Print

Radhe Exim Pvt. Ltd. Vs C.C. (CESTAT Ahmedabad) From the plain reading of the definition of import it is clear that when the goods enter into territorial water of India that is the stage of completion of import into India and not the date of filling of Bill of Entry, therefore, if the appellant possess […]

CENVAT credit of service tax paid for insurance service received by banks from DICGC was available

March 20, 2020 3324 Views 0 comment Print

Insurance service provided by Deposit Insurance Corporation to banks was an input service and CENVAT credit of service tax paid for this service received by the banks from the Deposit Insurance Corporation could be availed by the banks for rendering output services.

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