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Restaurants Must Prove No AC for Service Tax Exemption: CESTAT Delhi

September 5, 2023 1362 Views 0 comment Print

Unpacking the CESTAT Delhi ruling on Gurukripa Yuvraj Veg & Non-veg Restaurant regarding service tax exemption based on AC facility. Key takeaways and implications.

Penalty u/s 114 imposable on CHA who abetted or facilitated illegal attempted export of prohibited goods

September 4, 2023 831 Views 0 comment Print

CESTAT Chennai held that penalty u/s 114(i) of the Customs Act, 1962 imposable as CHA has abetted or facilitated, may be deliberate or negligent, an illegal attempted export of prohibited goods i.e. Red Sanders wood pillars and tops.

Activity of loading, unloading of goods at port taxable under Cargo Handling Service

September 4, 2023 651 Views 0 comment Print

CESTAT Ahmedabad held that as the service charges are based on metric tons of the goods handled and not on the basis of wages of laborers deployed for the job, the activity of the loading, unloading of goods at port, cutting of bags, spreading of zola, cleaning of jetty is classified under Cargo Handling Service.

CESTAT, Mumbai lambasts Revenue for not depicting correct factual position

September 4, 2023 330 Views 0 comment Print

CESTAT Mumbai dismisses Revenue’s application for review against DHL Lemuir Logistics, criticizes incorrect factual representation.

Suppression Required to Invoke Extended period of limitation, for SCN Issuance

September 4, 2023 996 Views 0 comment Print

For issuance of SCN involving extended period of limitation, suppression has to be brought on record which has not been done in this case by revenue.

Manufacture of Excisable Goods (Drugs) not Taxable under Business Auxiliary Service Tax

September 4, 2023 297 Views 0 comment Print

CESTAT Ahmedabad order on Pharmanza India Pvt Ltd vs C.C.E. & S.T. case. Understand why manufacturing of drugs is not subject to business auxiliary service tax.

Service Tax penalty under Section 76 & 78 cannot be imposed simultaneously

September 3, 2023 1740 Views 0 comment Print

CESTAT Ahmedabad in M D Engineers Vs C.C.E. & S.T. held that Service Tax penalty under Section 76 and 78 cannot be imposed simultaneously.

CESTAT upholds redemption fine & penalty on Restricted Second-Hand Goods ETL Liners Import

September 3, 2023 345 Views 0 comment Print

CESTAT Bangalore upholds customs redemption fine & penalty for importing second-hand ETL Liners, which are restricted under Foreign Trade Policy.

Merely based on bill of landing origination of goods cannot be inferred

September 2, 2023 408 Views 0 comment Print

CESTAT Ahmedabad held that merely on the basis of the bill of lading it cannot be inferred that the goods were originated from China as certificate of origin of Malaysia not proved wrong or fake.

Section 128(1) of Customs Act, allows appeals against communication denying DFIA exemption

September 2, 2023 975 Views 0 comment Print

Learn about the K S Enterprises vs. Commissioner of Customs appeal regarding denial of DFIA exemption. CESTAT Ahmedabad’s decision and analysis.

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