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CESTAT Ahmedabad

Certificate issued by Cost Accountants needs to be accepted by department unless held doubtful

June 17, 2023 945 Views 0 comment Print

CESTAT Ahmedabad held that certificate issued by qualified professionals like Cost Accountants cannot be brushed aside merely with the statement that corroborative evidence was not produced. Such certificates are needed to be accepted by the department unless investigation is undertaken in doubtful cases.

Used Rails falls under CTH 7302 and not CTH 7204

June 15, 2023 1092 Views 0 comment Print

CESTAT Ahmedabad held that classification under 7204 for ‘used rails’ declared as Heavy Melting Scrap is improper and the product is correctly classifiable under Heading 7302.

Unjustified Imposition of Penalty Under Rule 209A against person Maintaining Company Accounts

June 13, 2023 609 Views 0 comment Print

CESTAT Ahmedabad held that imposing penalty under rule 209A against the person who is only involved in maintaining the accounts of the company is unjustified and unsustainable in law.

CESTAT Grants Service Tax Refund on Immovable Property Renting Services

June 11, 2023 984 Views 0 comment Print

In the case of Amneal Life Sciences Pvt Ltd Vs C.S.T. Service Tax, the CESTAT Ahmedabad granted a service tax refund for the renting of immovable property services. The appellant, a unit in the Special Economic Zone (SEZ), sought a refund on the service tax paid for renting their manufacturing premises. The department rejected the refund claim on the grounds that the rent invoices were in the name of a different premises. However, the CESTAT accepted the appellant’s explanation and held that the refund should be allowed since renting of immovable property is an approved taxable service. The CESTAT also allowed the refund on consulting engineer services and dismissed the objection regarding the filing of declaration forms. Learn more about the case and its implications.

CESTAT Quashes Service Tax Demand on Sales Commission to Overseas Agent

June 1, 2023 426 Views 0 comment Print

In case of sales commission to overseas commission agent under reverse charge mechanism, the extended time proviso is not invokable.

Self assessment orders are also assessment orders and are appealable

May 31, 2023 2187 Views 0 comment Print

Apex Court in case of ITC LTD Vs. CCE, Kolkata held that self assessment orders are also assessment orders and are appealable just like other orders, like re-assessment orders.

Rejection of declared value without examining contemporaneous NIDB data is unsustainable

May 18, 2023 1041 Views 0 comment Print

CESTAT Ahmedabad held that rejection of declared value in terms of rule 12 of the Customs Valuation Rules, 2007 solely on the basis of various letters of different authorities without examining contemporaneous NIDB data is unsustainable in law.

Declared value rejectable whenever significantly higher value of identical goods noticed

May 18, 2023 1629 Views 0 comment Print

CESTAT Ahmedabad’s verdict on customs valuation rules regarding Kumar Impex’s appeal against reassessment of imported goods’ value under Rule 12.

Printing on PVC amounts to production of Goods – Service Tax not payable

May 12, 2023 768 Views 0 comment Print

Decorative Sleeves Pvt Ltd Vs C.C.E. & S.T (CESTAT Ahmedabad) Notification No. 14/2004-ST exempts production of goods on behalf of client and any service incidental or ancillary to production of goods. In the instant case, it is not in dispute that the appellants are printing on PVC material supplied by their clients. Printing may or […]

No post import condition in Notification No. 21/2002-Cus.  – CESTAT quashes Tax & Penalty demand,  confiscation of  aircrafts not sustainable

May 10, 2023 330 Views 0 comment Print

Vrl Logistics Ltd Vs C.C (CESTAT Ahmedabad) No post import condition in Notification No. 21/2002-Cus.  – CESTAT quashes Tax & Penalty demand,  confiscation of  aircrafts not sustainable We find that the issue in the present matters relates to the grant of benefit of Notification No. 21/2002-Cus., dated 1-3- 2002 as amended by Notification No. 61/2007-Cus. […]

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