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Option Under Rule 6(3)(ii) of Cenvat Credit Rules Mandates Compliance with Payment Obligations

December 5, 2024 540 Views 0 comment Print

CESTAT Delhi partially allows Marudhar Hotels’ appeal regarding Cenvat credit demands under Rule 6 of the Cenvat Credit Rules, 2004. Read detailed judgment analysis.

Refund of excess payment of customs duty rejected as time barred: CESTAT Hyderabad

December 4, 2024 1389 Views 0 comment Print

The appellants had filed a refund claim with Assistant Commissioner of Customs (CRS), Visakhapatnam for Rs.5,03,984/- on 10.08.2023. The said refund claim was that the appellant had paid the Duty twice due to ‘ICEGATE error’.

Service Tax Demand Not Applicable When Paid under RCM: CESTAT Ahmedabad

December 4, 2024 822 Views 0 comment Print

CESTAT Ahmedabad rules that service tax cannot be demanded when tax liability is already settled under Reverse Charge Mechanism.

Insulin manufactured using r-DNA technology eligible for customs exemption: CESTAT Chennai

December 4, 2024 558 Views 0 comment Print

CESTAT Chennai held that insulin manufactured using r-DNA technology would qualify as a mono component insulin and hence benefit of exemption notification under Notification No. 12/2012 – Cus. dated 17.03.2012 available.

Appeals pending in CESTAT allowed if order not passed within one year of SCN

December 4, 2024 5673 Views 0 comment Print

CESTAT Delhi quashes orders passed after one year of SCN issuance in Kopertek Metals Pvt Ltd vs CGST Commissioner, emphasizing statutory adjudication timelines.

Coating machine classifiable under Customs Tariff Item 8422 30 00: CESTAT Mumbai

December 4, 2024 840 Views 0 comment Print

The said SCN was adjudicated by the learned Commissioner of Customs in the impugned order by confirming the proposals made in the SCN. Feeling aggrieved with the impugned order, the appellants have filed these appeals before the Tribunal.

Importer cannot challenge enhanced value post acceptance of the same: CESTAT Chennai

December 3, 2024 531 Views 0 comment Print

CESTAT Chennai held that when an importer has voluntarily accepted the enhanced value without any protest then he is precluded from challenging the same. Thus, order upheld to the extent of duty demand. Whereas, confiscation, fine and penalty set aside.

Benefit of notification 52/2003-Cus. dated 31.03.2003 admissible on re-import of rejected goods

December 2, 2024 843 Views 0 comment Print

Assistant Commissioner, however, rejected the benefit of the Notification No.52/2003-Cus. dated 31.03.2003. Commissioner (Appeals) upheld the order of the adjudicating authority. Being aggrieved, the present appeal is filed.

CENVAT Credit of fuel oil in engine room of ship imported for breaking is available

December 2, 2024 774 Views 0 comment Print

CESTAT Ahmedabad held that the fuel oil lying in the engine room is part and parcel of the ship which is imported for breaking and hence CENVAT Credit is duly admissible on the same.

Assembly of TV from Components is a Manufacturing Process: CESTAT Ahmedabad

December 2, 2024 537 Views 0 comment Print

CESTAT Ahmedabad confirms assembly of imported TV parts qualifies as manufacturing, allowing Bossh Technology India concessional duty benefit.

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