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Service Tax Refund | Date of reversal should be considered as date of payment | Cancellation of Flat Booking

June 25, 2021 2526 Views 0 comment Print

Ramesh Kumar Agarwal Vs Commissioner of Central Excise & Central GST (CESTAT Delhi) Coming to the plea of issue being barred by time, I hold that no doubt the service tax was deposited by the appellant on 4th October, 2016 and 24 October, 2016 and the refund claim has been filed on 7th May, 2018 […]

Service Tax paid under mistake of law has to be refunded

June 23, 2021 4068 Views 0 comment Print

Nilkamal Limited Vs Commissioner of G.S.T. and Central Excise (CESTAT Chennai) The Revenue having collected per force the Service Tax along with interest, the appellant is pushed into a situation where its refund claim is denied and even the credit of Service Tax so paid is also not allowed to be availed, with the introduction […]

CESTAT remanded case back to proper officer | Section 149 | Customs Act, 1962

June 23, 2021 2595 Views 0 comment Print

Lenovo India Private Limited Vs Commissioner of Customs (CESTAT Chennai) Hon‟ble High Court of Madras in the case of M/s. Hewlett Packard Enterprise India Pvt. Ltd. v. Joint Commissioner of Customs & ors. reported in 2020 (10) T.M.I. 970 – Madras High Court has held that the proviso to Section 149 contemplates an opportunity to […]

No penalty on confiscated gold jewellery from transit passenger not required to pass through customs barriers

June 23, 2021 6147 Views 0 comment Print

Penalty on confiscated Gold Jewellery was not liable to be imposed as the transit passenger was not required to pass through customs barrier or check post and the source of gold jewellery he was wearing was cogently explained, which had not been found to be untrue.

Admissibility of credit has to be considered at the time of receipt of input service

June 18, 2021 2616 Views 0 comment Print

Explore the Shanti Construction Co vs. C.C.E. & S.T.-Rajkot case with CESTAT Ahmedabad. Delve into the nuances of service tax, Cenvat credit, and retrospective exemptions.

No excise under ‘deemed’ manufacture on ‘baby diapers’ or ‘sanitary napkins’

June 18, 2021 783 Views 0 comment Print

Explore the Y & Associates vs. Commissioner of Central Excise case with CESTAT Mumbai. Delve into the intricacies of ‘deemed’ manufacture, excisability, and the legislative intent.

CESTAT warns Assistant Commissioner of Customs for collecting penalty without furnishing order copy to Appellant

June 18, 2021 1386 Views 0 comment Print

Explore the legal battle of K.J. Associates against the Commissioner of Customs at CESTAT Bangalore. Dive into the intricacies of the case involving delayed issuance of orders, improper classification, and the release of confiscated goods.

Imported External/portable hard disk drive classifiable under Tariff Item 84717020

June 18, 2021 2961 Views 0 comment Print

Imported External/portable hard disk drive are classifiable under Tariff Item 8471 70 20 as Hard disk drives and not under Tariff Item 8471 70 30. Therefore we are of the considered opinion that the instant issue about classification of External/Portable Hard Disc Drives is no more res integra and the appellants have rightly classified them under CTH 8471 7020.

CESTAT upheld rejection of refund of service tax on out-of-Pocket Expenses

June 18, 2021 699 Views 0 comment Print

Astrazeneca India Pvt. Ltd. Vs Commissioner of GST & CE (CESTAT Chennai) refund in respect of Hotel Accommodation Services is availed only for the benefit of the employees. The same issue has been allowed in favour of the appellants in their own case for the subsequent period. For these reasons, I hold that the refund […]

Cigarette Sticks not declared in IGM: CESTAT quashes Penalty as No Opportunity of Cross-Examination given

June 17, 2021 618 Views 0 comment Print

Explore the CESTAT Ahmedabad case of Majhar Muzaffar Hussain Sayed vs. C.C.-Mundra. Delve into the nuances of penalties imposed, cross-examination demands, and the remand for a fresh decision.

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