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CESTAT Ahmedabad

Customs duty is payable on actual quantity of crude oil received into shore tank

September 19, 2023 744 Views 0 comment Print

CESTAT Ahmedabad held that actual oil quantity physically received into the shore tank should be taken as the basis for payment of duty at the time of ex-bond bills of entry.

No Penalty for Genuine Purchase of Fabricated DEPB Scrip: CESTAT

September 19, 2023 699 Views 0 comment Print

CESTAT Ahmedabad’s decision on penalty under Customs Act for fabricated DEPB scrips. Analysis of the case, rulings, and implications.

Cenvat Credit utilisation for payment of service tax is permissible: CESTAT

September 19, 2023 1461 Views 0 comment Print

Analysis of CESTAT Ahmedabad’s ruling on eligibility to use Cenvat credit for service tax payment when engaged in both manufacturing and services. Case details and conclusion.

CESTAT quashes penalty on CISF due to lack of clarity on service tax liability

September 16, 2023 960 Views 0 comment Print

CESTAT Ahmedabad quashes penalty on Central Industrial Security Force (CISF) due to lack of clarity on service tax liability. Learn more in this article.

Payment of 5%/10% of value of exempted goods unjustified as proportionate credit reversed

September 14, 2023 558 Views 0 comment Print

CESTAT Ahmedabad held that demand under Clause (i) of Rule 6(3) i.e. payment of 5%/10% of the value of exempted goods unjustified as appellant rightly availed the option of sub-rule (3A) of Rule 6 of CCR, 2004 i.e. reversal of proportionate cenvat credit attributed to exempted goods.

Demand of 10%/6%/5% on value of exempted goods not sustained as proportionate cenvat credit reversed

September 13, 2023 732 Views 0 comment Print

CESTAT Ahmedabad held that appellant is not liable to pay an amount equal to 10%/6%/5% of the value of exempted goods as proportionate Cenvat credit on common input service attributed to the exempted final product already reversed.

Duty Overpayment: No Discrepancy Found, Suo Moto Re-Credit Justified

September 13, 2023 624 Views 0 comment Print

Analyzing the CESTAT Ahmedabad ruling on Bayer Vapi Pvt Ltd. vs C.C.E. & S.T.-Daman case, focusing on Cenvat re-credit, suo moto reversal, and legal implications.

Commissioner (A) cannot change product classification without affording opportunity

September 12, 2023 528 Views 0 comment Print

CESTAT Ahmedabad rules in Madhu Silica Pvt Ltd Vs C.C.-Ahmedabad that proper inquiry is required for classifying Malvern Master Sizer under Customs Tariff.

No excise duty on Spent earth arising in oil refining, bleaching process

September 12, 2023 453 Views 0 comment Print

Spent earth (By-Product)arising in oil refining, bleaching process arising is not liable to Excise duty -Awn Agro P Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad)

Merely right confirmed on party to sale of goods or service undertaken doesn’t make it a franchisee agreement

September 11, 2023 768 Views 0 comment Print

CESTAT Ahmedabad held that merely because by an agreement a right is confirmed on the party to the sale of goods or service undertaken was not ipso-facto bringing the agreement within the ambit of the franchisee.

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