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Evidence Unavailable for Cross-Examination cannot be Treated as Admissible

November 6, 2023 549 Views 0 comment Print

In the Commissioner of Customs vs Deepak Dialani trademark case, cross-examination was unavailable and the evidence inadmissible. Find out the implications here!

Input Services for Clearance of Final Products upto Place of Removal are Eligible for CENVAT Credit

November 6, 2023 201 Views 0 comment Print

CESTAT Mumbai allows CENVAT credit for services related to manufacturing and clearing final products up to the place of removal. A critical analysis of the JSW Steel Ltd vs. Commissioner of Central Excise case.

Supplier of chassis to body-builder who receives body-built vehicle is not manufacturer of body-built vehicle

November 6, 2023 459 Views 0 comment Print

CESTAT Kolkata held that the Appellant is merely supplies the chassis to body-builder and receives the body-built vehicle from the body-builder. Accordingly, Appellant is not the manufacturer of the body-built vehicle. Hence, demand of duty unsustainable.

Notification 01/10-CE Benefits eligible for production from Capacity Expansion After 06.02.2010

November 6, 2023 399 Views 0 comment Print

CESTAT Chandigarh held that benefit of notification no. 01/10-CE dated 06.02.2010 cannot be denied as commercial production from expanded capacity commenced on or after 06.02.2010.

Absence of Dumping Finding Precludes Imposition of Anti-Dumping Duty

November 5, 2023 159 Views 0 comment Print

Read about the CESTAT Ahmedabad ruling in Century Plyboards I Ltd Vs C.C.-Kandla case, highlighting the denial of anti-dumping duty refund for past clearances and its implications.

CESTAT Confirms Customs Duty Value Increase for Digital Multi-Function Printer

November 5, 2023 507 Views 0 comment Print

CESTAT Kolkata’s decision to uphold the enhanced value of customs duty on a multi-function printer based on a chartered engineer’s estimation.

Benefit of preferential rate vide notification 53/2011-Cus allowed as Certificate of Origin submitted

November 4, 2023 342 Views 0 comment Print

CESTAT Kolkata held that benefit of preferential rate vide Notification 53/2011-Cus dated 01.07.2011 not deniable as Certificate of country of origin from Malysia Chamber of Commerce for subsequent import of identical goods afterward submitted.

Reversal under rule 6(3) of CCR, 2004 doesn’t apply when CENVAT attributable to non-excisable goods not availed

November 4, 2023 192 Views 0 comment Print

CESTAT Kolkata held that provisions of rule 6(3) of the CENVAT Credit Rules, 2004 is not applicable when CENVAT Credit attributable to non-excisable goods not availed. Accordingly, demand set aside.

Cenvat Credit Not Reversible on ‘Gelatin Mass Waste’ from Manufacturing

November 4, 2023 195 Views 0 comment Print

CESTAT Bangalore’s ruling on Gelatin Mass Waste generated during manufacturing, addressing the demand for CENVAT credit reversal and its sustainability.

Fabric containing Cotton and Polyester is classifiable under CTH 52113190

November 3, 2023 570 Views 0 comment Print

CESTAT Kolkata held that fabric containing both Cotton and polyester in the ratio of 79.2% and 16.8% respectively is rightly classifiable under the CTH 52113190 as Cotton Polyester fabric. Accordingly, demand of differential duty of customs set aside.

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