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CESTAT Ahmedabad

Point of Taxation Rules, 2011 Not Applicable when Service Rendered & Invoice Issued Before Introduction

November 26, 2023 570 Views 0 comment Print

CESTAT emphasized that Point of Taxation Rules are not applicable when service is provided, and invoice is issued before introduction of POT rules.

CESTAT Quashes Penalty on CHA in Red Sander Goods Illegal Export Case Due to Lack of Direct Involvement

November 26, 2023 717 Views 0 comment Print

CESTAT quashes penalty on MSK Shipping & Logistics for illegal export of red sander goods. Delve into the legal implications of this case.

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

November 23, 2023 6162 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 648 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 576 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 1251 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 729 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 1464 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 687 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 1095 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.

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