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Presumption of smuggled goods without evincing illicit trafficking is incorrect

November 21, 2022 1602 Views 0 comment Print

CESTAT Mumbai held that without evincing illicit trafficking of the impugned goods and presuming the same as smuggled goods deprives legal sanctity.

Disputed Cenvat Credit claim of Assessee cannot be denied by mechanically invoking 6% Rule

November 21, 2022 1278 Views 0 comment Print

Aurum Pharmachem Private Limited Vs Commissioner of CGST & Excise (CESTAT Kolkata) Issue that has to be considered in the present appeal is whether the Appellant not having maintained separate accounts in respect of the common input services used for manufacture of dutiable final products as well as exempted goods is mandatorily required to pay […]

Period of limitation doesn’t apply to refund claim of amount reversed under protest

November 21, 2022 1818 Views 0 comment Print

CESTAT Chennai held that levy of excise on bagasse and press mud was under litigation, hence the amount of credit reversed under Rule 6(3A) of CENVAT Credit Rules, 2004 has been reversed under protest and refund claim of such reversal done under protest is not hit by time-bar.

Service relating to power transmission exempted from service tax

November 21, 2022 3948 Views 0 comment Print

CESTAT Ahmedabad held that all the services provided in relation to power transmission is exempted from service tax as per notification 45/2010-ST.

Rejection of transaction value without evidence proving reason influencing price is unjustified

November 18, 2022 1092 Views 0 comment Print

CESTAT Ahmedabad held that rejection of transaction value is unjustified as department has failed to produce any evidence reflecting that the relationship between the parties has influenced the price.

Suspension of Custom Broker License lifted on lapse of significant time

November 18, 2022 1548 Views 0 comment Print

CESTAT Kolkata has held that Custom Broker License suspended under Regulation 16(1) of Customs Brokers Licensing Regulations, 2018 for around a month is directed to be lifted as necessary inquiry should have completed during the said suspension time.

Pre-Shipment Inspection Certificate is to be furnished at the Time of Clearance of Goods by Importer

November 17, 2022 1074 Views 0 comment Print

Caravel Logistics Private Limited Vs Commissioner of Customs (CESTAT Chennai) Handbook of Procedures issued by the Directorate General of Foreign Trade (DGFT) dated 08.04.2005 (2004-09) requires, at paragraph 2.32, in the case of import in the form of metallic waste, scrap, etc., referred to therein, the furnishing of pre-shipment inspection certificate at the time of […]

Customs: Confiscation of goods & penalty not valid if based on mere Adduced statement

November 17, 2022 1047 Views 0 comment Print

In this case findings of the Adjudicating Authority, clearly exonerates this appellant from the penal action under Section 114AA of the Customs Act, 1962, for the reason that there was no material on record to prove that the appellant had submitted the fake gate pass.

Subsidiary & its parent company located in different taxable territories are distinct entities

November 17, 2022 2511 Views 0 comment Print

Service provided by a company in India to its Hundred percent holding company abroad cannot be considered as an establishment of a distinct person and therefore such services would be export of services.

Appeal cannot be dismissed for mere withdrawal of SVLDRS Application

November 17, 2022 1269 Views 0 comment Print

Icon Industries Vs Commissioner, CGST (CESTAT Delhi) Sabka Vishwas (Legacy Dispute Resolution) Scheme (SVLDRS) was introduced by way of Finance (No. 2) Act, 2019 by the Central Government. The main objective of the scheme is to provide for the settlement of pending disputes related to indirect taxes. The Appellant although applied under the said scheme […]

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