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CESTAT Ahmedabad

Activity of loading, unloading of goods at port taxable under Cargo Handling Service

September 4, 2023 837 Views 0 comment Print

CESTAT Ahmedabad held that as the service charges are based on metric tons of the goods handled and not on the basis of wages of laborers deployed for the job, the activity of the loading, unloading of goods at port, cutting of bags, spreading of zola, cleaning of jetty is classified under Cargo Handling Service.

Manufacture of Excisable Goods (Drugs) not Taxable under Business Auxiliary Service Tax

September 4, 2023 5502 Views 0 comment Print

CESTAT Ahmedabad order on Pharmanza India Pvt Ltd vs C.C.E. & S.T. case. Understand why manufacturing of drugs is not subject to business auxiliary service tax.

Service Tax penalty under Section 76 & 78 cannot be imposed simultaneously

September 3, 2023 2130 Views 0 comment Print

CESTAT Ahmedabad in M D Engineers Vs C.C.E. & S.T. held that Service Tax penalty under Section 76 and 78 cannot be imposed simultaneously.

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

September 2, 2023 492 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 1041 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 411 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 1302 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 684 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 270 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 255 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.

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