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All CESTAT

CA Certificate Suffices to Prove Non-Pass on of Excise Duty Obligation

September 19, 2023 465 Views 0 comment Print

Analyze CESTAT Mumbai’s ruling in Indian Oil Corporation Ltd. vs. Commissioner of Central Excise, focusing on ‘unjust enrichment’ and CA certificate’s role in excise duty cases.

No Service Tax on Mark-up for Domestic Travel: CESTAT Chennai

September 19, 2023 462 Views 0 comment Print

Analyze CESTAT Chennai order in Hi Tours Mamallapuram Private Limited vs. Commissioner of Service Tax, focusing on non-taxability of mark-up for booking domestic travel tickets.

Service Tax leviable on Actual, Not Provisional, Transportation Charges: CESTAT

September 19, 2023 342 Views 0 comment Print

Analyze the CESTAT Kolkata order in Jai Balaji Industries Limited vs. Commissioner of Central Excise, highlighting the issue of levying Service Tax on actual transportation charges, not on provisions.

Inconsistent Application of Customs Valuation Rules: CESTAT Sets Aside Order

September 19, 2023 246 Views 0 comment Print

Analyze the CESTAT Mumbai order in S K Universal Pvt Ltd vs. Commissioner of Customs, highlighting the determination of ‘cut and polished diamonds’ value and its consistency with Customs Valuation Rules.

Lack of Transaction Evidence & Unanswered Questions in Goods Seizure Case: Burden of Proof Shifts to Appellant

September 19, 2023 288 Views 0 comment Print

Read about Madan Kumar’s case where CESTAT Kolkata upholds the confiscation of betel nuts due to failure in providing evidence of legitimacy. Learn more about this customs dispute.

No Penalty for Genuine Purchase of Fabricated DEPB Scrip: CESTAT

September 19, 2023 363 Views 0 comment Print

CESTAT Ahmedabad’s decision on penalty under Customs Act for fabricated DEPB scrips. Analysis of the case, rulings, and implications.

Cenvat Credit utilisation for payment of service tax is permissible: CESTAT

September 19, 2023 606 Views 0 comment Print

Analysis of CESTAT Ahmedabad’s ruling on eligibility to use Cenvat credit for service tax payment when engaged in both manufacturing and services. Case details and conclusion.

CESTAT Orders Refund of Security Deposit Due to Commissioner’s Penalty & Confiscation Reversal

September 19, 2023 435 Views 0 comment Print

In the case of Ishwar Chand Gupta vs. Commissioner of Customs (CESTAT Kolkata), learn how CESTAT directed the refund of a security deposit after confiscating a truck transporting Red Sander Wood.

Availment of Cenvat Credit and refund thereof doesn’t require registration of premises

September 18, 2023 666 Views 0 comment Print

CESTAT Chandigarh held that the registration of the premises is not a pre-condition for availment of cenvat credit and thereof consequently the refund.

Amendment to Bill of entry invoking provisions of section 149 without documentary evidences untenable

September 18, 2023 3963 Views 0 comment Print

CESTAT Bangalore held that section 149 of the Customs Act, 1962 allows amendment of a Bill of Entry after the clearance of the goods only on the basis of documentary evidences which were in existence at the time the goods were cleared for home consumption. In absence of the same, the amendment is unjustified.

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