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No service Tax on Supply of River Sand merely for loading/Unloading of the same by Appellant

March 12, 2021 3090 Views 0 comment Print

Shree Mohangarh Construction Co. Vs Commissioner of Central Excise & Service Tax (CESTAT New Delhi) The first contract is supply of river sand; it is not for loading or unloading any cargo. Needless to say that if somebody has to supply river sand it has to loaded into the truck and unloaded it at the […]

DRI are not proper officer for issuing demand under section 28

March 10, 2021 2406 Views 0 comment Print

Evershine Customs (C & F) Pvt. Ltd. Vs Commissioner of Customs a) The penalty under section 112 on the Customs Broker is set aside because even if the allegation that the CB has not fulfilled his obligations under CBLR 2013 is proven, no penalty can be imposed on this ground under section 112 of the […]

Excise dues of Husband cannot be recovered from Wife’s Property

March 9, 2021 9825 Views 0 comment Print

Meena Krishna Agarwal Vs Commissioner of Central Excise & ST, Vadodara (CESTAT Ahmedabad) The issue involved in the present appeal is whether the flats belonging to the appellant which she purchased under Registered Sale deeds dated 31.03.2008 out of monies received as gifts from her mother-in-law and father-in-law, can be proceeded against by the Excise […]

CESTAT quashed 2.47% CVD on continuous cast copper wire

March 8, 2021 2604 Views 0 comment Print

Since it was not possible to sustain the CVD levied for ‘other program’ and if the other program was excluded from the subsidy margin determination, assessee would fall below the de minimis level. The imposition of 2.47% CVD on assessee at serial no. 8 of the notification dated January 8, 2020 was, therefore, liable to be set aside.

Service tax on non-refundable contribution made by member of SPV units

March 5, 2021 681 Views 0 comment Print

The brief facts of the case are that the appellant M/s Gujarat Eco Textile Park Limited floated integrated textile park under the scheme of integrated textile parks (SITP) formed by the Government of India (Ministry of Textiles).

CESTAT upheld reasonable penalties imposed for mis-declaration on Importer

March 4, 2021 3090 Views 0 comment Print

Aestrik Techno-Signs Vs The Commissioner of Customs (CESTAT Delhi) The goods were imported declaring a certain value which was doubted by the officers and so the goods were opened and examined. After opening and examining and comparing the goods with the value of corresponding goods in contemporaneous imports the officer founds that the goods were […]

12% Interest on delayed excise duty refund allowable from deposit date till its realization

March 2, 2021 3495 Views 0 comment Print

J. K. Cement Works Vs Commissioner, Central Excise, Central Goods and Service Tax (CESTA Delhi)  Conclusion: Adjudicating Authority was directed to grant interest from the date of deposit till the date of grant of a refund at the rate of 12% per annum. Such interest on refund should be granted within a period of 60 […]

Service Tax on Liquidated Damages for Poor Material Quality: CESTAT remands case back to Adjudicating Authority

February 26, 2021 978 Views 0 comment Print

We find that the facts are not in disputed that amount recovered by the appellant is towards the poor quality of goods purchased by them.

Service Tax demand on MRSA cannot sustain for the period prior to 16.5.2008

February 24, 2021 1116 Views 0 comment Print

ld. Counsel for appellant has also raised an argument that the demand under MRSA cannot sustain for the period prior to 16.5.2008 when the transactions of the very same nature have been subjected to service tax under Information Technology Software Services after such services became taxable. It is to be stated that ITSS is not a category carved out of MRSA.

Regulation 10(n) of Customs Brokers Licensing Regulations not mandates physical verification

February 23, 2021 6321 Views 0 comment Print

Transpeed Logistics Pvt. Ltd. Vs Commissioner of Customs (CESTAT Delhi) Regulation 10(n) of Customs Brokers Licensing Regulations, 2018 requires the Customs Broker to verify the correctness of Importer/Exporter Code Number, Service Tax Identification Number, identity card of the client and functioning of the client at the declared address by using reliable, independent, authentic documents, data […]

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