CESTAT Ahmedabad

Customs: Exporter not required to give declaration of technical specification, quality & characteristics of inputs used in resultant product

Unibourne Food Ingredients LLP Vs C.C.-Jamnagar(Prev) (CESTAT Ahmedabad)

Unibourne Food Ingredients LLP Vs C.C.-Jamnagar (Prev) (CESTAT Ahmedabad) Customs: Exporter not required to give declaration of technical specification, quality & characteristics of inputs used in resultant product As per Policy Circular No. 72/2008 dated 24.03.2009, flexibility has been given to import alternative inputs or goods whi...

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CESTAT reduces penalty for Bonafide Foreign Currency Export Without RBI Permission & releases confiscated Currency

Rajesh Kumar Ishwar Parikh Vs C.C. (CESTAT Ahmedabad)

Rajesh Kumar Ishwar Parikh Vs C.C. (CESTAT Ahmedabad) The Learned Authorized Representative in his submission also confirmed that Rs.19.91 Lacs were shown as Cash in hand in the books of Partnership Firm of both the appellants therefore, the source of fund for procuring the foreign currency was available with the appellants. The only laps...

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DFIA benefit eligible on import clearance of in shell walnut

VKC Nuts Pvt Ltd. Vs C.C. - Jamnagar (Prev) (CESTAT Ahmedabad)

VKC Nuts Pvt Ltd. Vs C.C. – Jamnagar (Prev) (CESTAT Ahmedabad) ‘Inshell Walnut’ is not only capable of being used but invariably used for manufacture of biscuits as fruit/flavor/dietary fibre. This has been held in appellant’s own case by the Hon’ble CESTAT-Mumbai in Final Order No. A/85730/2020 dated 11.09.2020. Moreover, a...

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Credit cannot be denied on services used for providing warranty services

Power Build Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad)

Power Build Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) Warranty Service which implies that the value is already included in the sale price of the goods. Moreover, there is no requirement in the definition of Input Service that the value is to be included in the assessable value for the purpose of Central Excise […]...

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Trade discount not liable to service tax as commission

Laxmi Exports Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad)

There is no contract of commission agent service with any of the commission agent, there is no person to whom payment of commission was made therefore, it is clear that no service provider i.e. foreign commission agent exists in the present case....

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CESTAT explains Service Tax on Site Formation Services

M/s. Sem Construction Vs C.C.E. & S.T. (CESTAT Ahmedabad)

M/s. Sem Construction Vs C.C.E. & S.T. (CESTAT Ahmedabad) Brief facts of the case are that the appellant had been awarded a contract under agreement dated 01.04.2011 by M/s. Archelean Chemical Private Limited at Rann of Kutch for job of “metal spreading for supply un­course black Trap Rubble stone” and its spreading/dressing alon...

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Revenue cannot Reject Classification of Goods of Assessee without Cogent Evidences

Asian Granito India Limited Vs. C.C.-Mundra (CESTAT Ahmedabad)

The issue under consideration is whether the Calcite Sand (Calcite Powder) is classifiable under CT 2503 9030 as mineral product or required to be classified under CTH 2836 5000 as a chemical?...

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Child parts used in manufacture of parts of motor vehicle seats are classifiable under Heading 9401

Shiroki Auto Components India Pvt. Ltd. Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad)

Shiroki Auto Components India Pvt. Ltd. Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) CESTAT Ahmedabad has held that the child parts imported by the appellant are classifiable under Tariff Item 9401 90 00 as parts of vehicle seats as declared by the importer-assessee and not under Tariff Item 8708 99 00 as parts […]...

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Benefit of SEZ unit can’t be denied merely because registered office is situated in DTA i.e. outside SEZ

M/s Adani Power Ltd. Vs Commissioner of Service Tax (CESTAT Ahmedabad)

whether the commissioner is correct in denying the benefit of SEZ unit on the basis that the registered office is situated in DTA i.e. outside the SEZ?...

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Customs Valuation Rules- Invoice price cannot be rejected without cogent reasons

Guru Rajendra Metalloys India Pvt Ltd Vs C.C. (CESTAT Ahmedabad)

CESTAT are of the clear view that merely based on DGOV circular also, value cannot be enhanced which is without authority of law. It is clearly held that DGOV circular cannot override the provisions of Valuation Rules. ...

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