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CESTAT Ahmedabad

Merely based on bill of landing origination of goods cannot be inferred

September 2, 2023 408 Views 0 comment Print

CESTAT Ahmedabad held that merely on the basis of the bill of lading it cannot be inferred that the goods were originated from China as certificate of origin of Malaysia not proved wrong or fake.

Section 128(1) of Customs Act, allows appeals against communication denying DFIA exemption

September 2, 2023 975 Views 0 comment Print

Learn about the K S Enterprises vs. Commissioner of Customs appeal regarding denial of DFIA exemption. CESTAT Ahmedabad’s decision and analysis.

Manufacturing of tugs and barges cannot be classified under Manpower Recruitment or Supply Agency Service

September 2, 2023 324 Views 0 comment Print

CESTAT Ahmedabad held that activity of manufacturing of tugs and barges cannot be classified as supply of manpower and hence cannot be taxed under the category of Manpower Recruitment or Supply Agency Service.

One appeal against order-in-original bearing two numbers before Commissioner (A) is valid

September 2, 2023 1077 Views 0 comment Print

CESTAT held that number of appeals should correspond with number of distinct decisions or orders, not number of order numbers in an original order. Essentially, if a single order-in-original has multiple numbers, it doesn’t necessitate multiple appeals.

No Service Tax on Educational Programs Including educational Camps

August 30, 2023 549 Views 0 comment Print

The crux of the matter revolved around whether such programs, including outstation camps and other activities, are subject to service tax or can avail exemptions.

CESTAT Allows Excise Duty Exemption for Pre-Laminated Bagasse Board

August 30, 2023 222 Views 0 comment Print

Analysis of the CESTAT Ahmedabad’s ruling in favor of Richa Particle Board Pvt Ltd. Highlights the excise duty exemption for Pre Laminated Bagasse Board.

CESTAT Quashes Excise Duty Demand on Third Party Inspection Charges

August 30, 2023 213 Views 0 comment Print

In Transformers & Rectifiers India Ltd vs. C.C.E.-Ahmedabad-ii case, CESTAT Ahmedabad rules that third-party inspection charges are not part of assessable value. Analysis and conclusion included.

No Extended Limitation When Details Transparently Shared in ST-3 Returns

August 30, 2023 465 Views 0 comment Print

Detailed examination of the CESTAT Ahmedabad ruling in the case of Arya Logistics versus C.C.E. & S.T.-Rajkot on service tax liability & limitation period.

Procedural error leading to short payment shouldn’t result in hefty penalty for director: CESTAT

August 30, 2023 294 Views 0 comment Print

CESTAT Ahmedabad quashes penalty on Azaz Lokhandwala, Director of Schurter Electronics. No suppression of facts found as goods cleared with the right invoice.

Sugar cess paid on import of raw sugar duly available as cenvat credit

August 29, 2023 831 Views 0 comment Print

CESTAT Ahmedabad it is settled legal position that cenvat credit on the sugar cess paid as part of CVD in respect of import of raw sugar is duly available.

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