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CESTAT Allahabad Orders Return of Gold Seized by Custom Authorities

May 17, 2024 390 Views 0 comment Print

Read the detailed analysis of the CESTAT Allahabad order directing the Commissioner of Customs to return seized gold, ruling it wasn’t smuggled. Learn about the case of Commissioner of Customs (Preventive) vs. Sai Max Jewelers.

Issuance of second SCN without adjudicating first is jurisdictionally void: CESTAT Mumbai

May 16, 2024 2679 Views 0 comment Print

CESTAT Mumbai: Saf Yesat Company Pvt. Ltd. Vs. Commissioner of Central Excise – penalties deemed jurisdictionally void for issuing second SCN without adjudicating first.

Service Tax refund to SEZ unit cannot be denied for Registration condition breach

May 16, 2024 315 Views 0 comment Print

In Roop Telesonic Ultrasonix Limited vs Commissioner of Customs (CESTAT Ahmedabad), SEZ service tax refund upheld despite procedural lapse.

Reusable Insulin Delivery Device classifiable under CTH 9018 3100: CESTAT Ahmedabad

May 16, 2024 177 Views 0 comment Print

CESTAT Ahmedabad rules in Sanofi India Limited’s favor, stating syringes without needles are not parts/accessories of goods under 9018, warranting a concessional duty rate.

No Knowledge of Concealed Smuggled Gold: CESTAT Kolkata Deletes Penalty

May 16, 2024 186 Views 0 comment Print

CESTAT Kolkata: Shri Vijay Kumar versus Commissioner of Central Excise – penalties under Customs Act section 112 deleted as no knowledge of gold concealed in bags.

No Service Tax for Residential Complexes Developed for Co-op Society Members’ Personal Use

May 15, 2024 396 Views 0 comment Print

Service Tax demands for residential complexes were set aside when the units were developed for personal use by the members of co-operative societies. This principle was upheld in various judgments cited by Saumya Developers, indicating that no Service Tax was payable on residential units created for personal use.

Services By Microsoft India To Microsoft Singapore qualifies as export of Services

May 15, 2024 507 Views 0 comment Print

CESTAT Chandigarh rules in favor of Microsoft India, stating services rendered to overseas entity are exports, exempting from service tax.

No service Tax on Sale of Coal Purchased from CIL to End users at 5% Margin

May 15, 2024 276 Views 0 comment Print

Appellant’s relationship with CIL was one of sale/purchase on a principal-to-principal basis. Therefore, appellant could not be held liable for service tax under BAS.

Pre-18.4.2006 Service Tax Demand on Foreign Services Unsustainable

May 15, 2024 165 Views 0 comment Print

Service tax demand on services from abroad before 18.4.2006 isn’t sustainable. Issuing authority must specify applicable sub-clause in notice.

Post-Import Advertising Expenses not includible in assessable value for custom duty determination

May 14, 2024 243 Views 0 comment Print

CESTAT Delhi ruled that advertising expenses for post-import goods can’t be part of their value. Detailed analysis of Reliance Brands Luxury Fashion Pvt. Ltd. Vs Principal Commissioner of Customs case.

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