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CESTAT Ahmedabad

Mere suppression of facts not enough for invoking extended period of limitation

November 23, 2023 6003 Views 0 comment Print

CESTAT Ahmedabad held that mere suppression of facts is not enough for invoking extended period of limitation. There must be a deliberate and wilful attempt on the part of the assessee to evade payment of duty.

Unauthorized Goods Destruction Implies Arbitrary Abatement of Customs Duty

November 22, 2023 564 Views 0 comment Print

Explore the CESTAT Ahmedabad order on Commissioner vs Sheena Textiles. Detailed analysis of the duty-free machinery dispute, conditions of exemption, and legal implications.

Lapsing of Cenvat Credit Applies Only in case of Absolute Exemption Notifications

November 22, 2023 486 Views 0 comment Print

Explore the CESTAT Ahmedabad ruling in Suraj Industries vs. C.C.E & S.T.-Silvassa. Analysis of Cenvat Credit Rules, exemption dispute, key arguments, and tribunal’s verdict.

Recovery of CENVAT based on third party statement without tangible corroborative evidence unsustainable

November 21, 2023 1170 Views 0 comment Print

CESTAT Ahmedabad held that no reliance can be placed on statements of third party without tangible corroborative evidence. Accordingly, recovery of Cenvat Credit under rule 14 rightly dropped.

Services in the Form of Receipt of Patent Registered Outside India are not liable to Service Tax

November 20, 2023 657 Views 0 comment Print

Services in the Form of Receipt of Patent Registered Outside India not liable to Service Tax – CESTAT, Ahmedabad. Intas Pharmaceuticals Ltd. entered into a Technology Transfer and Licensing Agreement with Swiss company for development and commercialization of recombinant human erythropoietin. Technology Know-how Transfer Agreement with UK’s Biocam Ltd.

Laying of pipeline doesn’t fall under Industrial or Commercial Construction Service

November 20, 2023 1341 Views 0 comment Print

CESTAT Ahmedabad held that service of laying of pipeline for Gujarat Water Supply & Sewerage Board (GWSSB) is not falling under the service of industrial or commercial construction service.

Spent solvent arising during manufacture of Sucralose is not dutiable hence excise demand unsustainable

November 20, 2023 603 Views 0 comment Print

CESTAT Ahmedabad held that spent solvent (DMF) arising during the course of manufacture of dutiable ‘Sucralose’ is not dutiable and hence demand of excise duty thereof is not sustainable in law.

Excavation of Lignite and overburden Removal of Materials are Classifiable under ‘Mining Service’ and Not in ‘Site Formation Service’: CESTAT Quashes Service Tax Demand

November 18, 2023 936 Views 0 comment Print

Dholu KCL JPF wins CESTAT Ahmedabad case! Quashing service tax demand, tribunal rules removal of overburden during lignite mining as ‘Mining Service.

Denial of refund claim unjustified as Anti-Dumping Duty was not leviable at the relevant time

November 18, 2023 1104 Views 0 comment Print

CESTAT Ahmedabad held that denial of refund claim of Anti-Dumping Duty unjustified as the Anti-Dumping Duty was not leviable at the relevant time as notification imposing the same expired.

CHA Cleared Vessel Import Without Misclassification; No Section 112(a) Penalty

November 15, 2023 1365 Views 0 comment Print

Penalty u/s 112 (a) against CHA on clearance of imported vessel was not leviable as the duty of the importer was to give the correct and detailed description which had been discharged and the charge of misclassification had been dropped against importing firm and the matter already been decided in favour of the importing firm and its director and therefore, the cause of imposing penalty against Custom House Clearing Agent get extinguishable.

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