CESTAT Chennai held that mere technical defects in supplier invoices are not sufficient to disallow ISD distributed credit. Accordingly, impugned order is set aside and appeals are allowed with consequential benefits.
The Tribunal held that one-time lease premium and salami for commercial units cannot be taxed as renting services because the transaction involved transfer of substantial property rights and construction service, not periodic rent. Car-parking fees were also found non-taxable under renting. The ruling provides key clarity for real estate developers on classification and abatement eligibility.
CESTAT Delhi held that imported goods being water meters and not flow meters are correctly classifiable under Customs Tariff Item 9028 2000 and not under 9026 1010. Accordingly, duty demand confirmed.
CESTAT Delhi held that microphones and receivers imported into India for manufacture of PCBA of cellular mobile phones is eligible for exemption from payment of customs duty under Exemption notification no. 57/2017-Customs dated 30.06.2017 prior to 06.07.2019.
The CESTAT Mumbai allowed an appeal against customs duty reassessment, holding that reclassification of copper busbars for EOU imports exceeded authorities’ jurisdiction and violated notification provisions.
The Tribunal held that the extended period could not be invoked because the Department was already aware of the appellant’s activities. Service tax was upheld only for the normal period, and the matter was remanded for recalculation.
CESTAT Hyderabad held that imported Chinese Coke Breeze used for metallurgical purpose only and not for any other purpose like non-metal extraction, etc. would be entitled to benefit of Notification No.12/2012-Cus dt.17.03.2012. Accordingly, order set aside and appeal allowed.
CESTAT Delhi held that ‘Twaron Para Aramid Pulp’ is classifiable under Customs Tariff Item 5601 30 00 and not under Customs Tariff Item 5601 22 00. Accordingly, differential duty along with interest confirmed.
CESTAT Chennai held that imported LED Monitors Tiles are classifiable under Customs Tariff Heading 84285200 and hence eligible for exemption in terms of Notification No. 24/2005-Cus dated 01/03/2005. Accordingly, appeal allowed.
The Tribunal set aside a service tax demand against a mandap keeper, ruling that a photocopied invoice and presumptions cannot justify tax liability.
