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Review Order Delay Without Board Extension not condonable: CESTAT Chennai

June 5, 2025 513 Views 0 comment Print

CESTAT Chennai held that delay of 20 days in passing review order without extension order of the Board is not condonable. Accordingly, order passed by Commissioner of Customs (A) upheld.

Section 114 Penalty set aside as no fraudulent export evidence recorded: CESTAT Delhi

June 5, 2025 723 Views 0 comment Print

CESTAT Delhi held that penalty under section 114 of the Customs Act, 1962 cannot be imposed in the absence of any evidence that there was fraudulent export of goods. Accordingly, appeal allowed and penalty set aside.

Re-determination of transaction value based on Different Supplier’s Quotation Not Sustainable

June 4, 2025 417 Views 0 comment Print

CESTAT Delhi held that re-determination of transaction value merely on the basis of emails of quotations of different supplier cannot be sustained since there is absolutely no evidence for rejection of transaction value.

Confiscation Upheld for Unauthorized Manufacture & Clearance of Pan Masala/Gutkha

June 3, 2025 693 Views 0 comment Print

CESTAT Delhi held that confiscation of goods justified as Pan Masala and Gutkha were clandestinely manufactured and cleared under different brands without authorization. Accordingly, order upheld and appeals dismissed.

Service tax refund applied contrary to Section 102(3): CESTAT upholds rejection as time-Barred

June 3, 2025 732 Views 0 comment Print

The assessee’s application, which was filed on 9-2-2017, was rejected by the Assistant Commissioner and later by the Commissioner (Appeals) on the grounds that it was submitted beyond the six-month deadline stipulated under Section 102(3) of the Act.

Suspension of Customs Broker Licence Without Valid Grounds: CESTAT Sets Aside Suspension

June 2, 2025 702 Views 0 comment Print

Delhi CESTAT in the abovementioned matter set-aside order confirming suspension of custom broker license of the appellant and directed that the original license and all the F/G/H cards, if already surrendered to the Customs, shall be returned to the appellant.

Re-export request allowed as wrong goods sent by supplier under bona fide mistake

June 2, 2025 1881 Views 0 comment Print

ITAT Raipur held that the appeal is treated as withdrawn due to initiation of proceedings under Vivad Se Vishwas Scheme, 2024 (VSVS 2024) by filing of Form 1. Thus, present appeal dismissed as withdrawn.

CESTAT Upholds Rambagh Palace Cenvat Credit Claim

May 29, 2025 450 Views 0 comment Print

The CESTAT Delhi has ruled in favor of Rambagh Palace Hotel Pvt. Ltd., allowing full Cenvat credit on management consultancy services, citing judicial precedents.

Providing Bunker and Water Supply Onboard Not Taxable Under Service Tax

May 29, 2025 1053 Views 0 comment Print

CESTAT Mumbai rules Shipping Corporation of India not liable for service tax on bunker and water charges provided during vessel delivery, clarifying it as a supply of goods, not service.

Verified country of origin certificate sufficient proof of origin criteria: CESTAT Ahmedabad

May 20, 2025 1485 Views 0 comment Print

CESTAT Ahmedabad held that County of Origin certificate verified by the relevant authority is sufficient proof of origin criteria and hence denial of exemption benefit under Notification No. 99/2011-Cus dated 09.11.2011 not justifiable.

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