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Arbitrary valuation of goods not subjected to BIS specifications is invalid

July 10, 2022 1278 Views 0 comment Print

CESTAT held that the revaluation of the goods which are not subjected to BIS specifications was made in arbitrary manner and was not adhere to the principles of natural justice.

C&F Agent Service is admissible input service under Cenvat Credit Rules

July 10, 2022 846 Views 0 comment Print

CESTAT held that Clearing and Forwarding (C&F) agent service is admissible input service in terms of Rule 2(l) of CENVAT Credit Rules, 2004

Adjudicating authority cannot review order of appellate authority in limited remand  

July 10, 2022 1104 Views 0 comment Print

Technova Imaging Systems Pvt. Ltd. Vs Commissioner of Customs (CESTAT Mumbai) Refusal of SAD to the Appellant-importer by the Refund Sanctioning Authority that has received concurrence of the Commissioner (Appeals) in the second round of litigation is assailed in this appeal. The gist of the order of Commissioner (Appeals) is that goods imported and goods […]

Excise Act Limitation not Applicable to balance in PLA

July 10, 2022 1608 Views 0 comment Print

CESTAT held that in case of PLA balance, it is not deposited as a duty but it is deposited as advance towards the duty. The PLA Amount takes the color of excise duty only when it is utilized for payment of duty on clearance of excisable goods. The unspent balance of PLA is only advance not duty therefore, Section 11B is not applicable.

No penalty for mis-declaration of origin of goods without any evidence of deliberate mis-declaration

July 10, 2022 1617 Views 0 comment Print

Shobha Plastics Pvt Limited Vs Commissioner of Customs (CESTAT Ahmedabad) The Principal Commissioner of Customs Ahmedabad vide impugned order has imposed penalty under section 112 (a) of the Act upon the appellants Jayesh Mehta and Harshad Vadodaria on the ground that appellants herein have aided and abetted the importer in importing the goods by way […]

No Excise Duty or Reversal of Cenvat Credit on Removal of Empty packaging

July 10, 2022 540 Views 0 comment Print

CESTAT held that assessee is not liable for payment of either excise duty or cenvat credit under Rule 6(3) of the Cenvat Credit Rules, 2004 on empty packaging material of cenvatable input.

Duty demand by treating buyer’s premises as place of removal is unsustainable

July 9, 2022 555 Views 0 comment Print

Held that buyer’s premises cannot, in law, be a place of removal under Section 4. Demand duty thereon is unsustainable in law

Cenvat credit eligible on warranty service via third party on FOC basis

July 9, 2022 579 Views 0 comment Print

CENVAT credit is available on the amount of service tax paid for the services provided by the dealers to the customers on behalf of the appellant for fulfilling the warranty obligations of the appellant.

CESTAT allows 12% interest from date of encashment of Bank Guarantee till the date of refund

July 8, 2022 1068 Views 0 comment Print

Leather Sellers Vs Commissioner of Customs And Excise, Patparganj (CESTAT Delhi) The brief facts are that the appellant is a manufacturer-exporter of leather goods. They had re-imported a consignment of goods, which were earlier exported for the purpose of repair etc. and thereafter, re­export. For such re-import, the appellant had filed Bill of Entry dated […]

CESTAT deletes penalty which was imposed for denial of area based exemption

July 8, 2022 381 Views 0 comment Print

Sanjeev Jindal Vs Commissioner, Customs & Central Excise (CESTAT Delhi) The finding recorded in the order is that exemption under a notification that granted area based exemption was wrongly obtained by the Company and its Directors. It is for this reason that apart from denying the exemption claimed by the Company, penalty was also imposed […]

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