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Extended Limitation Cannot Be Invoked Twice for Same Issue: CESTAT Kolkata

February 26, 2025 789 Views 0 comment Print

Once a demand has been raised for any issue by invoking extended period of limitation, then another demand cannot be raised again by invoking extended period on same issue for a subsequent period.

Service Tax on Rent: Co-Owners with Separate Agreements Not AOP

February 26, 2025 786 Views 0 comment Print

 CESTAT Ahmedabad ruled that co-owners of rented property are not an AOP, and their individual rental income below ₹10 lakh is exempt from service tax.

KLE Society’s Services to University of Sains Malaysia Qualify as ‘Export of Services’

February 21, 2025 363 Views 0 comment Print

CESTAT Bangalore rules KLE Society’s services to Malaysian university qualify as export of services, overturning a substantial service tax demand. The tribunal cited precedent cases like Vodafone Idea and Verizon Communication, emphasizing the recipient’s location and foreign currency payments.

Customs officer not empowered to assess two or more shipping bills together

February 21, 2025 792 Views 0 comment Print

Disha Realcon and SM Niryat had exported iron ore fines whose Fe content was below 58% under some Shipping Bills and iron ore fines whose Fe content was above 58% under some other Shipping Bills.

Declared Transaction Value Can Be Rejected if Questionable: CESTAT Delhi

February 19, 2025 561 Views 0 comment Print

Read about Mittal Appliances Ltd.’s customs appeal where transaction values for copper scrap were rejected. Detailed analysis of the CESTAT Delhi ruling on valuation rules and implications.

Clandestine Removal Cannot Be Alleged Without Concrete Evidence: CESTAT Kolkata

February 15, 2025 735 Views 0 comment Print

Analysis of CESTAT Kolkata’s decision in Mahavir Ferro Alloys Pvt. Ltd. Vs CGST & Central Excise, focusing on alleged clandestine removal and estimated production norms.

CESTAT allows CENVAT Credit on materials used in capital goods

February 15, 2025 735 Views 0 comment Print

CESTAT Kolkata allows CENVAT Credit to Rexon Strips Ltd., ruling that inputs used in capital goods are eligible, setting aside prior denials by lower authorities.

CESTAT Imposes Penalty for Misclassification & Duty Evasion despite omission by adjudicating authority

February 15, 2025 1116 Views 0 comment Print

Tribunal imposed a mandatory penalty of ₹15,59,363 under Section 114A of the Customs Act for misclassification and duty evasion, emphasizing strict compliance with statutory requirements in cases of deliberate misdeclarations.

Owner of car liable to pay customs duty on redemption even if they are not importer

February 15, 2025 414 Views 0 comment Print

CESTAT Kolkata held that owner of the car is liable to pay customs duty on redemption of the confiscated vehicle/ car even if the owner is not the importer of the car. Accordingly, appeal dismissed.

CESTAT Mumbai quashes order on royalty inclusion in import valuation

February 14, 2025 624 Views 0 comment Print

CESTAT Mumbai sets aside an order adding royalty to import valuation, citing jurisdictional issues and lack of finalized assessments. The tribunal emphasizes the need for proper determination of duties under the Customs Act.

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