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Manufacturing of tugs and barges cannot be classified under Manpower Recruitment or Supply Agency Service

September 2, 2023 324 Views 0 comment Print

CESTAT Ahmedabad held that activity of manufacturing of tugs and barges cannot be classified as supply of manpower and hence cannot be taxed under the category of Manpower Recruitment or Supply Agency Service.

Penalty u/s 114AA leviable on person who causes to have made, signed or used any false declaration or fraudulent document

September 2, 2023 699 Views 0 comment Print

CESTAT Chennai held that penalty under section 114AA of the Customs Act is leviable on person who causes to be made, signed or used any false declaration or fraudulent document

One appeal against order-in-original bearing two numbers before Commissioner (A) is valid

September 2, 2023 1077 Views 0 comment Print

CESTAT held that number of appeals should correspond with number of distinct decisions or orders, not number of order numbers in an original order. Essentially, if a single order-in-original has multiple numbers, it doesn’t necessitate multiple appeals.

Physician samples assessable under Section 4(1) a) of Central Excise Act, 1944

September 1, 2023 324 Views 0 comment Print

CESTAT Chennai supports Fourrts India Laboratories, ruling that physician samples fall under Section 4 (1) (a) of the Central Excise Act, 1944. Dive into the details of this landmark decision.

Discretionary Penalties Shouldn’t Burden Compliant Assessees: CESTAT Chennai

September 1, 2023 456 Views 0 comment Print

Detailed analysis of Beach Minerals Company’s appeal against Commissioner of GST & Central Excise ruling. CESTAT Chennai orders fresh adjudication.

Sending order without ‘registered post with acknowledgement due’ is invalid service of order

August 31, 2023 1818 Views 0 comment Print

CESTAT Chennai held that tendering of an order to an unauthorized person or sending it without ‘registered post with acknowledgement due’ is not considered as a valid service of order. Accordingly, matter disposed of by way of remand.

Customs authorities cannot counter once licencing authorities are satisfied that licencing conditions are fulfilled

August 31, 2023 357 Views 0 comment Print

CESTAT Chennai held that once the licencing authority has found that the licencing conditions have been fulfilled, it would not be open to the customs authorities too contend that the imports under the licence are contrary to law.

Revocation of Customs Broker licence as exporters untraceable during subsequent verification unjustified

August 31, 2023 852 Views 0 comment Print

CESTAT Kolkata held that Customs Broker cannot be held responsible for the exporters found to not exist during subsequent verification undertaken by the officers. Accordingly, revocation of Customs Broker licence unjustified.

Flue Gas generated during manufacture of metallurgical coke is not a manufactured product

August 31, 2023 333 Views 0 comment Print

Explore the CESTAT Kolkata ruling on whether flue gas generated during metallurgical coke manufacturing is a manufactured product and subject to excise duty. Learn about the legal analysis and implications.

No Service Tax on Educational Programs Including educational Camps

August 30, 2023 549 Views 0 comment Print

The crux of the matter revolved around whether such programs, including outstation camps and other activities, are subject to service tax or can avail exemptions.

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