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Voluntary deposit made during investigation & appropriated against demand cannot be treated as pre-deposit & thus cannot be refunded

September 9, 2022 2907 Views 0 comment Print

Sky Airways Vs Commissioner of Customs (CESTAT Delhi) Customs Duty Paid Voluntarily During Investigation cannot be claimed as refund when CESTAT remanded the matter for a fresh adjudication The Hon’ble Customs, Excise & Service Tax Appellate Tribunal, New Delhi (CESTAT) in the matter of Sky Airways v. Commissioner of Customs (Appeals), New Delhi [Final Order […]

Excise duty not chargeable under ‘Compounded Levy Scheme’ for the period during which machine remains inoperative

September 9, 2022 924 Views 0 comment Print

Mehta Metal Industries Vs Commissioner of Central Excise & Customs (CESTAT Delhi) The issue involved in this appeal is whether the appellant ­assessee who is operating under ‘Compounded Levy Scheme’ is entitled pro-rata abatement/refund of duty for the period during which the machine admittedly was inoperative. CESTAT held that there is no dispute with regard […]

Cenvat credit eligible on HR Sheets/Coils & welding electrodes used for lining & Maintenance of plant

September 9, 2022 1173 Views 0 comment Print

Whether HR Sheets/ Coils & welding electrodes which are used for lining plant & in its maintenance qualify as inputs under Cenvat Credit Rules

Axe Universal Oil is a Ayurvedic product classifiable under Chapter 30

September 9, 2022 2232 Views 0 comment Print

CESTAT held that Axe Brand Universal Oil classifiable under Chapter 30 as it is similar to Amrutanjan, Vicks, Tiger Balm which were held to be classifiable under Chapter 30 by Hon’ble Supreme Court in the case of Amrutanjan Ltd. Vs. Collector of Central Excise – 1995 (77) ELT 500 (SC).

SCN cannot be issued Notice under Proviso to Section 73(1) of Finance Act if no Suppression of Facts

September 9, 2022 14424 Views 0 comment Print

When there is no suppression of facts or mis-declaration, extended period is not invokable and the demand has to be held to be barred by time.

Cenvat credit cannot be denied by stating that name of Original Importer is too Technical

September 8, 2022 789 Views 0 comment Print

CESTAT held that denial of credit alleging that invoices mention the name of the original importer is too technical and cannot be accepted.

An activity between only 2 parties cannot be treated as intermediary service

September 8, 2022 1227 Views 0 comment Print

Intermediary arranges or facilitates supplies of goods or services or securities between two or more persons and an activity between only two parties cannot be considered as an intermediary service.

Refund on Extra Duty Deposit should be automatic under Customs Act

September 7, 2022 7140 Views 0 comment Print

Assessee entitled to automatic refund of Extra Duty Deposit without filing of application for refund under Section 27 of Customs Act – CESTAT

Customs Broker License cannot be revoked if SCN not issued within 90 days of receipt of offence report

September 6, 2022 1443 Views 0 comment Print

HLPL Global Logistics Pvt. Ltd. Vs Commissioner of Customs (CESTAT Delhi) A show cause notice dated 24.01.2020 was then issued to the appellant proposing to revoke the Customs Broker License of the appellant by considering the show cause notice dated 22.10.2019 issued under the provisions of the Customs Act as the offence report. The appellant […]

CENVAT Credit allowable on Inputs used in production of electricity supplied Free of Cost to Sister Unit

September 6, 2022 1353 Views 0 comment Print

CENVAT credit allowed to the extent inputs are used for production of electricity which is transferred free of cost to its sister unit.

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