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Exclude Order Receipt Date When Calculating Appeal Filing Limitation: CESTAT Mumbai

March 8, 2025 663 Views 0 comment Print

CESTAT Mumbai set aside a service tax demand on Mumbai Port Trust, holding the appeal filed within the prescribed time. Case remanded for merits evaluation.

Unjust Enrichment Not Applicable to Short-Landed Goods Uncleared for Home Consumption

March 8, 2025 366 Views 0 comment Print

CESTAT Mumbai remands Ratnagiri Gas & Power’s LNG import duty case for fresh adjudication, citing failure to examine unjust enrichment.

Logistics Services in Mining Areas are Ancillary services, Not Mining services

March 5, 2025 639 Views 0 comment Print

CESTAT Kolkata held coal transportation within mines by BLA Infra-GKMWPL JV taxable under transportation, not mining services. Service tax demand overturned.

Tax appeals stand abated upon NCLT approval of a resolution plan under IBC

March 5, 2025 579 Views 0 comment Print

CESTAT Chennai ruled on Orchid Chemicals’ appeal, citing insolvency resolution precedents. The appeal was abated following NCLT approval. Read the full summary.

Obligation u/r 3(1) cannot be transferred to recipient of credit u/r 7 of CCR, 2004: CESTAT Mumbai

March 4, 2025 1518 Views 0 comment Print

The appellant herein has merely utilized the credit and, to the extent that rule 3(4) of CENVAT Credit Rules, 2004 has not been shown to have been breached, is not concerned with the source of the credit.

Duty payable when goods imported in SEZ are sold to DTA without being used for authorized operations

March 1, 2025 2040 Views 0 comment Print

CESTAT Delhi held that duty has to be paid when goods imported into an SEZ are not used for the authorised operations but are sold in Domestic Tariff Area. Accordingly, in such case, duty demand has to be raised as per the Customs Act.

Invocation of limitation period without wilful attempt to evade payment of duty invalid

March 1, 2025 1482 Views 0 comment Print

The appellant is engaged in manufacturing of excisable goods falling under chapter 84 and are availing Cenvat credit of duty and tax paid on inputs and input services and are also registered u/s. 69 of the Finance Act, 1994 for discharging their service tax liability.

Customs Duty Exemption Cannot Be Denied When Export Obligation Fulfilled & EODCs Issued: CESTAT Delhi Delhi

February 28, 2025 1038 Views 0 comment Print

CESTAT Delhi rules customs duty exemption cannot be denied if export obligations are met and EODCs issued, overturning a ₹21 crore demand.

No Penalty Under Excise Rule 26 Without Goods Confiscation: CESTAT Delhi

February 28, 2025 909 Views 0 comment Print

CESTAT Delhi overturns ₹10 lakh penalty under Rule 26(1), citing the absence of confiscation, a key requirement for imposing penalties under the Excise Rules.

Customs duty appeals not maintainable after resolution plan approval by NCLT

February 28, 2025 507 Views 0 comment Print

CESTAT Chennai abates Neoteric Infomatique’s customs appeal after NCLT’s approval of the resolution plan, citing Supreme Court and tribunal precedents.

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