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All CESTAT

No Service tax exemption if conditions of exemption Notification not fulfilled

September 22, 2023 564 Views 0 comment Print

Read full text of CESTAT Chennai order in N.M. Zackriah & Co. vs. Commissioner of Service Tax, emphasizing need for strict compliance with exemption conditions

CESTAT Kolkata reduces Penalty in Red Sanders Wood Export Case

September 21, 2023 234 Views 0 comment Print

CESTAT Kolkata reduces penalty under Customs Act for exporting Red Sanders Wood. Analysis of the case involving National Agency vs. Commissioner of Customs.

CESTAT Ahmedabad Set Aside Penalty due to Lack of Malafide Intent

September 21, 2023 450 Views 0 comment Print

CESTAT Ahmedabad ruling in Sonic Chain Pvt Ltd Vs C.C.E. & S.T.-Rajkot clarifies no penalty under Central Excise Rule 26 if no malafide intention. Analysis.

Release of seized gold refused as general corroboration sufficient to seize smuggled gold

September 21, 2023 585 Views 0 comment Print

CESTAT Kolkata held that seized gold biscuits cannot be released as transportation of smuggled gold not justified based on fabricated transit challan and held mere general corroboration is sufficient.

Imposition of penalty not sustainable as duty demand settled under SVLDR Scheme

September 20, 2023 639 Views 0 comment Print

CESTAT Delhi held that when the demand of duty has been settled under SVLDR Scheme, the imposition of penalty would fail on simple ground that if the appellants had applied under the said scheme, they would have paid ‘nil’ duty.

Clearance of capital goods under EPCG till exit from SEZ unit not available

September 20, 2023 1128 Views 0 comment Print

CESTAT Ahmedabad held that as appellant has not exited from Special Economic Zone (SEZ), they are not eligible for clearing capital goods under the prevalent Export Promotion Capital Goods Scheme (EPCG Scheme).

Customs broker facilitating export of prohibited items liable for penal action

September 20, 2023 438 Views 0 comment Print

CESTAT Delhi held that revocation of customs broker licence and penalty action thereof on customs broker justified as he duly facilitated export of Prohibited items i.e. Gutkha pouches.

No Service Tax on GTA services When No Consignment Note Issued to Service Recipient

September 20, 2023 2370 Views 0 comment Print

CESTAT Chennai delivers relief to Vedanta Limited, ruling that no Service Tax is leviable when no consignment note is issued to the service recipient.

CESTAT Upholds Penalty under Customs Act for Illegal Importation & Misdeclaration

September 20, 2023 540 Views 0 comment Print

In the Ajay Kumar Singh vs Commissioner of Customs (CESTAT Kolkata) case, penalty upheld for illegal importation of batteries and ammonium chloride. Detailed analysis here.

CESTAT Upholds Redemption Fine and Penalty for Import License Non-Compliance

September 20, 2023 282 Views 0 comment Print

Read about the CESTAT Kolkata case Commissioner of Customs vs. S N Enterprises. Find out why the redemption fine and penalty were upheld under the Customs Act.

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