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All CESTAT

Revocation of Customs Broker Licence unjustified without active or passive facilitation in mis-declaration/ undervaluation

September 13, 2023 531 Views 0 comment Print

CESTAT Delhi held that imposition of harsh punishment of revocation of Customs Broker Licence in absence of any active or passive facilitation in mis-declaration and undervaluation of imported goods unjustified.

Benefit of notification 67/95-CE available to molasses captively consumed for manufacture of rectified spirit

September 13, 2023 516 Views 0 comment Print

CESTAT Bangalore held that benefit of notification no. 67/95-CE dated 16.03.1995 available in respect of molasses which is captively consumed for the manufacture of rectified spirit as rectified spirit is a dutiable excisable goods.

Demand of 10%/6%/5% on value of exempted goods not sustained as proportionate cenvat credit reversed

September 13, 2023 402 Views 0 comment Print

CESTAT Ahmedabad held that appellant is not liable to pay an amount equal to 10%/6%/5% of the value of exempted goods as proportionate Cenvat credit on common input service attributed to the exempted final product already reversed.

Allegation of undervaluation of imported goods based on retracted statements unsustainable

September 13, 2023 606 Views 0 comment Print

CESTAT Mumbai held that demand alleging undervaluation of imported goods merely on the basis of retracted statements without corroborative evidences is unsustainable in law.

Recovery mechanism of Rule 3(5B) of Cenvat Credit Rules is Effective from 01.03.2013

September 13, 2023 837 Views 0 comment Print

Exploring the key details of the GKN Driveline (India) Ltd vs CCE case at CESTAT Chandigarh, and its impact on the reversal of Cenvat Credit under Rule 3(5B).

Duty Overpayment: No Discrepancy Found, Suo Moto Re-Credit Justified

September 13, 2023 378 Views 0 comment Print

Analyzing the CESTAT Ahmedabad ruling on Bayer Vapi Pvt Ltd. vs C.C.E. & S.T.-Daman case, focusing on Cenvat re-credit, suo moto reversal, and legal implications.

Mere delay in verification isn’t enough to allege fact suppression under Section 11A

September 13, 2023 285 Views 0 comment Print

Understand why a mere delay in verification isn’t enough to allege fact suppression under Section 11A. Intent matters. Learn more in this analysis.

CESTAT Quashes SCN with Contradictory Statements and Presumption

September 12, 2023 864 Views 0 comment Print

Detailed analysis of the CESTAT Mumbai’s decision to quash a show cause notice with contradictory statements in Maheshwari Transport vs. Commissioner of CE & ST case.

Commissioner (A) cannot change product classification without affording opportunity

September 12, 2023 273 Views 0 comment Print

CESTAT Ahmedabad rules in Madhu Silica Pvt Ltd Vs C.C.-Ahmedabad that proper inquiry is required for classifying Malvern Master Sizer under Customs Tariff.

Top gas is refuse and cannot be held to be manufactured goods

September 12, 2023 303 Views 0 comment Print

CESTAT Bangalore held that top gas is refuse like dross and skimmings which are merely scum thrown out in the manufacture of aluminium sheets and have been held not to be “manufactured” goods.

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