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CESTAT Ahmedabad

Freight & Insurance Charges not includible in Assessable Value of Goods sold Ex-factory

May 17, 2024 1296 Views 0 comment Print

Understand CESTAT’s decision on inclusion of separately shown freight and insurance charges in excisable goods’ assessable value.

Service Tax refund to SEZ unit cannot be denied for Registration condition breach

May 16, 2024 840 Views 0 comment Print

In Roop Telesonic Ultrasonix Limited vs Commissioner of Customs (CESTAT Ahmedabad), SEZ service tax refund upheld despite procedural lapse.

Reusable Insulin Delivery Device classifiable under CTH 9018 3100: CESTAT Ahmedabad

May 16, 2024 516 Views 0 comment Print

CESTAT Ahmedabad rules in Sanofi India Limited’s favor, stating syringes without needles are not parts/accessories of goods under 9018, warranting a concessional duty rate.

No Service Tax for Residential Complexes Developed for Co-op Society Members’ Personal Use

May 15, 2024 1215 Views 0 comment Print

Service Tax demands for residential complexes were set aside when the units were developed for personal use by the members of co-operative societies. This principle was upheld in various judgments cited by Saumya Developers, indicating that no Service Tax was payable on residential units created for personal use.

Option to avail or not avail Cenvat credit can be exercised on a contract-by-contract basis

May 15, 2024 567 Views 0 comment Print

CESTAT Ahmedabad held that option to avail or not avail Cenvat credit could be exercised on a contract-by-contract basis. Tribunal further clarified that centralised registration did not affect availment of benefits under notifications in question.

Once drawback benefits availed, conversion to other scheme not permissible

May 8, 2024 1227 Views 0 comment Print

Once a export benefit under which shipping bill was filed has been availed, the conversion to any other scheme cannot be allowed as either draw back scheme benefit could be availed or advance license benefit could be availed and not both

Remelted Zinc classifiable under CTH 790120 0: CESTAT Ahmedabad

May 5, 2024 360 Views 0 comment Print

Rajdev Inter Trade Pvt. Ltd. vs. C.C.-Mundra (CESTAT Ahmedabad) analysis: Remelted zinc deemed as zinc alloy, attracting 7.5% customs duty. Detailed order review.

Fire Bricks Dismantled from Kiln’s Under Shell Not Subject to Duty as Waste or Scrap

April 26, 2024 342 Views 0 comment Print

Explore the CESTAT Ahmedabad ruling on liability for duty on fire bricks dismantled from kilns. Analysis, precedent, and conclusion provided in this detailed article.

18% IGST on Nutrition/Dietary Supplements (HSN 21069099): CESTAT Ahmedabad

April 25, 2024 912 Views 0 comment Print

Explore the CESTAT Ahmedabad ruling on Bright Performance Nutrition’s IGST dispute with customs. Detailed analysis of classification and IGST rate implications.

CESTAT allows cross-examination despite deliberate delay on the part of appellant to cross-examine

April 23, 2024 735 Views 0 comment Print

The impugned order detailed the efforts made by the revenue authority to provide the necessary documents and opportunities for cross-examination. It concluded that the appellant’s delay in cross-examination was merely a tactic to delay the adjudication process. The order upheld the revised report of Shri N J Lalwani and confirmed the demand of duty.

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