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Circular cannot impose new condition and restrict scope of exemption notification

October 18, 2023 753 Views 0 comment Print

CESTAT Kolkata held that circular cannot impose new condition and restrict scope of the exemption notification. Accordingly, demand of customs duty based on condition imposed vide circular no. 24/98- Cus unjustified.

Order remanding matter set aside as all elements already considered at time of finalization of provisional assessment

October 18, 2023 450 Views 0 comment Print

CESTAT Kolkata held that order of Commissioner (A) remanding the matter set aside as the Order-in-Original passed by the Deputy Commissioner has taken into account all such elements at the time of finalisation of provisional assessment.

Confiscation of 1942 Vintage Plate Leveler Lacks Legal Basis under Customs Act, 1962

October 18, 2023 354 Views 0 comment Print

Read about the CESTAT Mumbai’s decision in the case of Jindal Saw Limited vs. Commissioner of Customs, where confiscation of ‘Plate Leveler’ parts was quashed.

Verify Data from Balance Sheet as SVB Findings Not Binding: CESTAT

October 18, 2023 366 Views 0 comment Print

Read about CESTAT Mumbai’s decision in the case of GlaxoSmithKline Asia Pvt Ltd versus Commissioner of Customs, where findings of SVB were not considered binding.

CENVAT Credit of Service Tax Paid Under Reverse Charge Mechanism is allowed

October 18, 2023 399 Views 0 comment Print

Read about CESTAT Delhi’s decision in the case of Incredible Indian Moments Pvt Ltd versus Commissioner (Appeals) and Additional Director General, where Service Tax demand on tour operators was quashed.

Confiscation of immovable property without prior notice is invalid: CESTAT Mumbai

October 18, 2023 300 Views 0 comment Print

CESTAT Mumbai criticizes Customs Department for confiscating immovable property without notice, compromising the integrity of the adjudication process. Details of the case explained.

No Service Tax on Computer Linkage Charge received by stock broking company

October 18, 2023 330 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Edelweiss Financial Advisors Ltd., stating no service tax on computer-to-computer linkage charges for stock broking companies. Details of the case here.

No Service Tax on Material Supplied Free during Construction: CESTAT

October 18, 2023 153 Views 0 comment Print

CESTAT Ahmedabad rules that service tax isn’t applicable to materials supplied free of cost by the service recipient during construction. Read the full case analysis.

CESTAT Sets Aside Service Tax Demand for Lack of GTA Service Evidence

October 18, 2023 222 Views 0 comment Print

CESTAT Delhi sets aside service tax demand on Goods Transport Agency Service, citing lack of evidence to prove service provided to NTPC. Full case analysis here.

CESTAT Quashes Service Tax Demand of IL&FS Transportation Under Rule 6(4B)

October 18, 2023 141 Views 0 comment Print

CESTAT Mumbai’s ruling in the IL & FS Transportation case, where it quashed a service tax demand due to failure to establish a violation of conditions under Rule 6.

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