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Conditions for claiming benefit of exemption notification no. 52/2003 are to be strictly interpreted

February 25, 2023 1503 Views 0 comment Print

CESTAT Delhi held that benefit of the exemption Notification No. 52-2003 is available subject to some conditions, the same is to be strictly interpreted.

No service tax liability on foreclosure charges collected by banks & NBFCs on premature termination of loans

February 25, 2023 4605 Views 0 comment Print

HC Held that, FC collected by banks or NBFC on premature termination of loans cannot be subject to service tax under Banking & Other Financial Services

Cenvat credit not deniable as services settled to be eligible input service

February 24, 2023 2274 Views 0 comment Print

CESTAT Delhi held that once the services in question have already been settled to be the eligible input services, the Cenvat credit thereof cannot be denied to the assessee.

Revocation of customs broker licence justified on failure to verify correctness of documents

February 24, 2023 1881 Views 0 comment Print

CESTAT Delhi held that Customs Broker failed to verify the correctness of the documents, violated the obligation as a custom broker under CBLR, 2013, accordingly, revocation of licence and forfeiture of security deposit justified.

No excise duty chargeable on scrap of pipes generated during repair/ maintenance of pipes

February 23, 2023 816 Views 0 comment Print

CESTAT Delhi held that pipes, used in manufacture- production of oil needs repair- replacement, are capital goods. Hence, no excise duty can be charged on the scrap of the pipes produced- generated during the repair or maintenance of the pipes.

Portable Solar Home Electric Light – HANS 300 & HANS 150 are solar power based device

February 22, 2023 873 Views 0 comment Print

JMK Energy Vs Commissioner of Customs (CESTAT Delhi) CESTAT Delhi held that simply because there are four other alternative means through which Portable Solar Home Electric Light – HANS 300 and HANS 150 can be charged, it doesn’t mean that they are not solar power based devices. Facts- M/s JMK Energy, New Delhi filed this […]

Process of injecting raw-materials into aerosol cans doesn’t amount to manufacture

February 22, 2023 561 Views 0 comment Print

CESTAT Bangalore held that process undertaken by job worker of injecting the raw materials into aerosol cans doesn’t amount to manufacture and hence excise duty demand thereon not sustainable.

Goods imported in violation of ITC(HS) Import policy and also undervalued are liable to confiscation

February 22, 2023 1980 Views 0 comment Print

CESTAT Delhi held that imported goods are liable to confiscation under section 111 of the Customs Act as restricted goods are imported in violation of the provisions of ITC(HS) Import Policy and the goods were not correctly valued.

Penalty u/s 112 against steamer agent unsustainable as relevant confiscation and duty liability set aside

February 21, 2023 1086 Views 0 comment Print

CESTAT Bangalore held that penalty under section 112 of the Customs Act against steamer agent unsustainable as confiscation of the said vessel for alleged violations of chapter VI of Customs Act, 1962 as well as the duty liability arising from misuse of ‘ship stores’ and ‘bunkers’ set aside.

No Service Tax can be levied on take-away/parcel food from restaurants

February 21, 2023 4041 Views 0 comment Print

HC Held that, no Service Tax can be levied on the activity of take-away of food items as it would amount to sale of goods wherein, element of service such as dining facility, washing area and clearing of the tables are not involved.

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