CESTAT Kolkata held that imposition of penalty under section 112(b)(i) of the Customs Act, 1962 not justified since there is no evidence available on record to show that the gold bars were of foreign origin and smuggled into the country.
CESTAT Ahmedabad held that in case of bulk liquid cargo imports measurement in tanks on shore into which such cargo is pumped from the tanker is to be considered as basis for levy of customs duty.
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) in Kolkata has ordered the release of ₹15 lakh seized by Customs, finding contradictions in the Show Cause Notice regarding the location and time of the seizure.
In Palfinger Cranes v. Commissioner of Customs, CESTAT Chennai ruled that a company is eligible for a Special Additional Duty (SAD) refund, classifying the failure to endorse invoices as a procedural lapse.
CESTAT Delhi held that in case common input services are used for providing both taxable and exempted services, proportionate amount of CENVAT credit must be reversed as per rule 6(3) of Cenvat Credit Rules, 2004. Accordingly, demand confirmed to that extent.
CESTAT Mumbai held that appellant is entitled for refund of credit admissible on account of payment of Countervailing Duty [CVD] and Special Additional Duty [SAD] paid after 01.07.2017 [paid after Central Goods and Services Tax].
CESTAT Kolkata held that any salary paid to the Directors of the Company for the service rendered by him as an employee of the company, is outside the scope of service. Accordingly, demand of service tax is not sustainable.
The CESTAT ruled that a service tax demand cannot be based solely on income declared during an income tax survey without corroborating evidence of taxable services.
CESTAT Hyderabad ruled that depreciation on capital goods under EOU scheme is admissible only until date of de-bonding, not until date of duty payment.
CESTAT Chennai held the denial of import exemption customs authority not justifiable since import was made under DGFT licence which was valid at the time of import and was cancelled by DGFT much later. Accordingly, order set aside and appeal allowed.
