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Absolute confiscation of gold sustainable as appellant failed to prove that it was not smuggled

February 16, 2023 1278 Views 0 comment Print

CESTAT Delhi upholds the absolute confiscation of disputed gold as it was reasonably believed to be smuggled and appellant failed to discharge his burden to prove that the golds was not smuggled gold.

Security deposit is not governed by provisions of Section 27 of Customs Act

February 16, 2023 2388 Views 0 comment Print

Komatsu India Private Limited Vs Commissioner of Customs (CESTAT Chennai) It is not the case of the Revenue that what the appellant claimed was the refund of the duty paid and there is also no dispute that the appellant claimed only the security deposit made. The Hon’ble jurisdictional High Court in the case of M/s. […]

CESTAT allows refund/recredit of excess reversal of Cenvat Credit

February 16, 2023 498 Views 0 comment Print

CESTAT held that giving options for availing a particular option is procedural requirement and on failure of same, assessee cannot be deprived of choosing any of option available in Rule 6(3)

Reassessment by Deputy Commissioner after clearance of goods for home consumption is bad in law

February 15, 2023 2859 Views 0 comment Print

CESTAT Delhi held that the Deputy Commissioner is not empowered to issue an assessment order under Section 17(5) of the Customs Act, 1962, after the goods have already been cleared for home consumption.

ICFAI entitled to Service Tax exemption on its educational programmes

February 15, 2023 1407 Views 0 comment Print

An investigation was conducted upon ICFAI and its associates all over India, which resulted into issuance of multiple show cause notices proposing the demand of service tax along with applicable cess, interest and penalty, for the period of October 2007 to September 2009.

Anti-dumping Duty cannot be demanded on the basis of expired notification

February 15, 2023 1515 Views 0 comment Print

Once a notification enforcing anti-dumping duty is expired and non-existent, such non-existent notification cannot be extended.

Soil conservation & land reclamation Service by PSU to Government is exempt from service tax

February 14, 2023 1248 Views 0 comment Print

CESTAT Ahmedabad held that service of soil conservation and land reclamation undertaken by public sector undertaking which is provided to Government is exempt from service tax vide notification no. 25/2012.

Assessee entitled to refund of unutilized Cenvat credit of Education and S&H Education Cess

February 13, 2023 2271 Views 0 comment Print

Assessee is legally entitled for cash refund of accumulated & unutilized Cenvat credit of Education & Secondary and Higher Education Cess as per Rule 3 of Cenvat Credit Rules, 2004

Coaching for competitive exams is taxable service under Finance Act, 1994

February 13, 2023 2253 Views 0 comment Print

CESTAT Hyderabad held that imparting of coaching for competitive examinations such as IIT-JEE, AIEEE etc is a taxable service in terms of Section 65(26) of Finance Act 1994.

Freight charges for delivering goods upto buyers’ premises is not includible in assessable value

February 13, 2023 2931 Views 0 comment Print

CESTAT Hyderabad held that freight charges for delivering goods to the buyers premises is not includible while assessing the value for the purpose of payment of central excise duty.

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