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CESTAT Ahmedabad

Deposits During Investigation Not Subject to Unjust Enrichment Principles

July 29, 2023 3159 Views 0 comment Print

CESTAT Ahmedabad held that any amount deposited during pendency of adjudication proceeding or investigation is in the nature of pre-deposit and principles of unjust enrichment is not applicable.

Imposition of penalty u/s 112(b) without recording statement is unsustainable

July 24, 2023 1356 Views 0 comment Print

CESTAT Ahmedabad held that imposition of penalty under section 112(b) of the Customs Act, 1962 on the proprietorship firm without even recording the statement of the proprietor of the firm is unsustainable and liable to be quashed.

Section 66D(P)(i)(A) of Finance Act exempts service of goods transportation by person other than GTA

July 23, 2023 15198 Views 0 comment Print

CESTAT Ahmedabad held that services of transportation of goods by a person other than GTA are clearly exempt under Section 66D (P)(i)(A) of the Finance Act, 1994.

Penalty applies to Misdeclared Goods under Section 112 of Customs Act, 1962

July 22, 2023 4173 Views 0 comment Print

Detailed analysis of the CESTAT Ahmedabad ruling on the Jindal Fibres Vs C.C.-Kandla case, regarding penalties for misdeclared goods under Section 112 of Customs Act, 1962. Understand the implications for companies operating within SEZs.

Denial of DFRC to DEEC Conversion: CESTAT Ahmedabad Directs to Allow Conversion

July 22, 2023 594 Views 0 comment Print

The CESTAT Ahmedabad ordered a crucial conversion from DFRC to DEEC scheme in the case of Vinny Royal Plasticoates Pvt Ltd vs Commissioner Of Customs. Dive in to understand the case details and implications.

Classification of Flexible Intermediate Bulk Containers – CESTAT Remanded Matter

July 21, 2023 981 Views 0 comment Print

CESTAT Ahmedabad remanded the matter for reconsideration in case of classification of goods i.e. Flexible Intermediate Bulk Containers under HSN code 63053200 or under 39231090.

Actual use of inputs and quantities not required for claiming DFIA benefit

July 20, 2023 1185 Views 0 comment Print

CESTAT Ahmedabad held that there is no requirement of the actual use of inputs and quantities of imported goods for claiming DFIA i.e. Duty-Free Import Authorization benefit.

Section 4: Medicament Supplies to Government Hospitals & Institutions (Central Excise Act)

July 20, 2023 618 Views 0 comment Print

CESTAT Ahmedabad held that Medicament Supplies to Government Hospitals and Institutional Buyers shall be valued in terms of Section 4 and not Section 4A of the Central Excise Act, 1944.

Unsustainable Demand: Cenvat Credit Reversed on Exempted Services

July 19, 2023 1014 Views 0 comment Print

An insightful analysis of the CESTAT Ahmedabad’s ruling in Magnam Netlink Pvt. Ltd. Vs C.C.E. & S.T case, emphasizing the legality of cenvat credit reversal on exempted services like “Trading”.

Lead Acid Batteries can’t be treated as uncharged for valuation in absence of Evidence

July 19, 2023 528 Views 0 comment Print

The case at hand pertains to the valuation of Lead Acid Batteries and the determination of whether these should be valued under Section 4 or Section 4A of the Central Excise Act, 1944. The core question revolves around the charging status of the batteries and where the charging occurs.

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