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CESTAT directs refund of Anti-Dumping Duty Paid After Validity of Notification

May 8, 2022 768 Views 0 comment Print

Abhilasha Impex Pvt. Limited Vs Commissioner of Customs (CESTAT Delhi) Admittedly the Anti Dumping notification was valid till 24.06.2015 and the same have admittedly lapsed w.e.f. 25.06.2015, and as such no anti dumping duty was payable by the appellant with respect to the Bill of Entry filed on 26.06.2015. Accordingly, I allow this appeal and […]

Simple Aluminium Plates’ classifiable under CTH 76061200

May 8, 2022 663 Views 0 comment Print

CESTAT Bangalore ruling on aluminum classification. Commissioner’s order final. Analysis of Alufit India vs. Commissioner of Customs case.

Cenvat Credit cannot be denied merely for Clerical/typographical error

May 8, 2022 2277 Views 0 comment Print

Hindustan Zinc Ltd. Vs Commissioner (Appeals), Central Excise & Central Goods And Service Tax (CESTAT Delhi) The issue to be adjudicated herein is as to whether the Cenvat Credit availed of Service Tax paid is liable to be denied being availed on the following grounds:– (i) Performa invoices (ii) Invoices issued in the name of […]

Absolute confiscation not permissible for gold jewellery carried by an eligible passenger

May 7, 2022 6858 Views 0 comment Print

The appellant falls into the criteria of an eligible passenger. He is thus allowed to import gold jewellery upto 10 kilograms by paying appropriate customs duty. The currencies seized from him are sufficient to pay the customs duty for the gold carried by him.

Bagasse/Press Mud Generated during Sugar Manufacture not exempt from Excise Duty

May 7, 2022 843 Views 0 comment Print

Apex Court in the case of Balarampur Chini Ltd. (supra) and DSCL Sugar Ltd. (supra) has enunciated the principal that Bagasse/ Press mud produced during the course of manufacture of sugar cannot be treated as exempted products and the provision of Rule 6 of Central Excise Rule, 2004 cannot be applied

Cenvat credit eligible even if input not arisen out of a process of manufacture

May 7, 2022 423 Views 0 comment Print

Eskay Kaycee Industries Pvt. Ltd. Vs Commissioner of CGST & Excise (CESTAT Kolkata) CESTAT find that the Appellant satisfied the essential requirements for CENVAT credit. Notwithstanding excisability of the input, the supplier of the input paid duty thereon and issued a valid invoice to the Appellant. The input so received in the Appellant’s factory was […]

When sale is on FOR basis, place of removal will be buyer’s place

May 7, 2022 9117 Views 0 comment Print

Kirloskar Oil Engines Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) There is no dispute in the fact that the sale of goods is on FOR basis, freight and transit insurance is included in the price of the goods and the same was not collected from the buyer of the goods. In this background, the place […]

Refund cannot be rejected merely for non-submission of documents before adjudicating authority

May 7, 2022 2382 Views 0 comment Print

Centroid Polymer Technologies Vs Commissioner of Central Tax & Central Excise (CESTAT Bangalore) Appellant submits that the appellate authority has rejected their appeals and denied refund on the ground that required documents in terms of Section 11B of Central Excise Act, 1944 as made applicable by Section 83 of Finance Act, 1994 have not been […]

CENVAT Credit cannot be denied on removal of goods from the place of removal up to customers place

May 6, 2022 624 Views 0 comment Print

CESTAT set aside the order denying the CENVAT Credit to the assessee in respect of outward Goods Transport Agent supply for period prior to April 01, 2008. Held that, the CBIC has prescribed certain conditions for allowing credit which need to be satisfied and remanded back the matter for passing a fresh order after verifying the documents to ascertain that whether the assessee has fulfilled such conditions.

Royalty provided & reversed subsequently not includible in Transaction Value

May 3, 2022 1353 Views 0 comment Print

Doosan Bobcat India Pvt. Ltd. Vs Commissioner of Customs (CESTAT Chennai) The issue is whether the amount of Rs.28.14 lakhs in the nature of payment of royalty can be included in the transaction value and whether it is a condition of sale. From the facts narrated above, it is seen that there is no agreement […]

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