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All CESTAT

Cabling of various parts of agriculture machine is not ‘manufacture’

October 15, 2019 879 Views 0 comment Print

CESTAT Delhi has held that mere cabling of various parts of agricultural machine (laser level transmitter, laser receivers, control boxes connecting cables and rechargeable battery packs) so as to let them function as a complete machine does not amount to manufacture and hence benefit of Sl. No. 399(A) of Not No. 12/2012-Cus. cannot be denied.

Cleaning service through manpower engaged under own control is not Manpower services

October 7, 2019 3756 Views 0 comment Print

t is apparently clear that appellant was providing cleaning service through manpower engaged under its control and supervision and not supplied manpower to the service receiver to undertake cleaning service under the control and supervision of the service receiver and and the same cannot be treated as Manpower, recruitment or Supply Services.

Ship demurrage charges not includible in assessable value

October 3, 2019 8385 Views 0 comment Print

M/s Jubilant Life Science Limited Vs Additional Director General (Adj) (CESTAT Delhi) Following the decision of the High Court of Orissa in the case of Tata Steel v. Union of India & Ors. [W.P. (C) No. 7917 of 2009],wherein the Explanation to Rule 10(2) of the Customs Valuation (Determination of Value of Imported Goods) Rules, […]

Late fee for delay in filing Bill of Entry not imposable if importer takes all efforts to clear goods within reasonable time

September 30, 2019 12744 Views 0 comment Print

CESTAT Chennai has held that late fee imposed on the appellant for delay in filing of Bill of Entry was not proper, since the delay had occurred only because the original importer had failed to clear the goods.

Refund available even in absence of payment challan

September 26, 2019 1440 Views 0 comment Print

claim of refund was denied on the ground that the duty payment challans were not been produced. CESTAT Ahmedabad however observed that the amount had been deposited, received by the department through banker’s cheque and had also been realized, and that no challan was  taken by the assessee. It was held that even in the absence of challan, where such payment has been made correctly, the assessee was entitled for refund. 

CESTAT on Classification of articles of paper and printing industry

September 25, 2019 1734 Views 0 comment Print

Appellants are engaged in the manufacture of various Computer Stationeries, LIC Forms, Bank Statement Forms as per the requirement of LIC, Banks & Govt department as per the requirements of LIC, Bank and Government department, falling under chapter sub heading 482040 of Central Excise Tariff Act, 1985 and paying duty accordingly.

No ST under RCM on deployment of Employees of Parent Company & Payment of Salaries to them

September 24, 2019 1605 Views 0 comment Print

The issue under consideration is whether the service tax under RCM will be levied on deputed employees working under control, direction and supervision of overseas companies?

Sale of goods affected after clearing from Customs was not a high sea sales

September 16, 2019 2028 Views 0 comment Print

The sale of goods was not a high sea sales which was affected after clearing from the Customs. Otherwise, NTPC, the buyer would have filed the Bill of Entry and cleared the goods. The mere fact that the bids for import were finalised by the respondent (MMTC) after approval of NTPC, would not change the nature of transaction.

Valuation – Substantial mark-up in supply of imported goods to customers when not indicates under-valuation of imports

September 11, 2019 1008 Views 0 comment Print

M/s. Voith Turbo Pvt. Ltd. Vs Commissioner of Customs (CESTAT Mumbai) CESTAT Explains when Substantial mark-up in supply of imported goods to customers when not indicates undervaluation of imports Considering the nature of business of the appellant/importer and that the overheads involved in the business activity were bound to influence the price at which the […]

Catalyst consumed in final product cannot be extended exemption available to goods for setting up, running, repair or maintenance of plant

September 6, 2019 864 Views 0 comment Print

Nayara Energy Ltd. Vs C.C. Kandla (CESTAT Ahmedabad) CESTAT Ahmedabad has had held that the catalyst ‘Petromax- MD’, consumed in the final product and not required for setting up of the plant or required for running, repair and maintenance of the plant, was not eligible for the benefit of exemption which provided that the goods […]

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