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Rejection of transaction value without providing details of contemporaneous import unsustainable

August 16, 2023 783 Views 0 comment Print

CESTAT Chennai held that rejection of transaction/ declared value of impugned goods on the basis of contemporaneous imports without providing details relating to contemporaneous imports of goods is unsustainable in law.

Gold cannot be said to be smuggled merely on the basis of its purity

August 16, 2023 1392 Views 0 comment Print

CESTAT Delhi held that the gold in question is not proved to be the smuggled gold of foreign origin. Mere purity thereof being equivalent to the purity of foreign gold is wrongly held to be the criteria to hold the melted gold as the gold of foreign origin. Hence, investigation is observed to be faulty.

Violation of CBLR established but revocation of Customs Broker Licence set aside as it being too harsh punishment

August 16, 2023 696 Views 0 comment Print

CESTAT Chennai held that violation of the Customs Brokers Licensing Regulations (CBLR), 2013 though stands established, the revocation of Customs Broker Licence is set aside as business and the livelihood of not only the appellant, but also its employees is adversely affected because of the suspension and revocation of the licence.

Transportation Charges in Assessable Value: CESTAT Kolkata Analysis

August 15, 2023 3780 Views 0 comment Print

Explore the analysis of the case Satya Megha Ispat Pvt. Ltd. vs Commissioner of Central Excise by CESTAT Kolkata regarding inclusion of transportation charges in assessable value. Understand the implications of FOR contracts and recent CBEC circulars.

No Service Tax on Commodity Auctioneer Commission Received by Co-op Society

August 15, 2023 201 Views 0 comment Print

Ruling on service tax demand under ‘Auctioneer’ Service on commission by a cooperative society in conducting action. Details on the CESTAT Chennai’s verdict.

Service tax not leviable on penal interest and bounce charges

August 14, 2023 1239 Views 0 comment Print

CESTAT set aside impugned order and held that the assessee is not receiving penal interest and bouncing charges as a consideration for tolerating an act. Thus, service tax cannot be demanded.

Demand sustained as rendering of Broadcasting Service disguised under cover of uplinking service

August 14, 2023 324 Views 0 comment Print

CESTAT Chennai held that agreement entered that the appellant is providing uplinking service for ‘SS Music channel’ and ‘Sur Sangeeth Channel’ is only a sham document. Appellant has disguised the rendering of Broadcasting Service under cover of uplinking service. Hence, service tax demand invoking extended period of limitation sustained.

Segregation benefit allowable to EOU only when imported scrap contains impurities

August 14, 2023 411 Views 0 comment Print

CESTAT Ahmedabad held that benefit of segregation can be allowed only if the imported scrap contained impurities like iron, rubber, plastic, steel etc.

Unspecific Show-Cause Notice: CESTAT set-aside Service Tax demand

August 13, 2023 840 Views 0 comment Print

Analysis of Jagjeet Singh Parwana vs Commissioner of Central Excise case. Non-specific show-cause notice’s impact on Service Tax demand set aside by CESTAT Chandigarh.

Excise Duty cannot be demanded Solely on Sales Figure Discrepancy

August 13, 2023 528 Views 0 comment Print

Analysis of the CESTAT Kolkata case involving excise duty demand based on differences between balance sheet and ER-1 returns, highlighting the need for substantial evidence.

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