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CESTAT Ahmedabad

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

May 10, 2023 411 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. […]

Reversal of Cenvat credit at appellate stage before CESTAT complies notification no. 5/2006-CE 

May 10, 2023 330 Views 0 comment Print

Acme Ceramics Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT held that reversal of credit and payment of interest thereon, can be adjusted from the payment of Rs. 2 lacs already made by the appellant. We find that the Tribunal/Court in the judgments cited by the appellant held that even if the assessee agreeing to reverse […]

Department cannot decide title of goods, when no one is disputing ownership

May 9, 2023 645 Views 0 comment Print

CESTAT Ahmedabad held that department cannot self assign to itself the duty of declaring bad in law the certificate issued to the importer by Ministry of Renewable Energy or decide title of the goods, even when no one is disputing ownership.

Excise duty demand will not sustain if after adjusting Cenvat credit no differential demand arises

May 9, 2023 996 Views 0 comment Print

Commissioner of Central Excise & ST Vs Gujarat Heavy Chemicals Limited (CESTAT Ahmedabad) CESTAT find that appeal can be disposed of only on threshold point that whether the entire case involves the Revenue neutrality or otherwise. There is no dispute that all the goods on which the duty was demanded have been imported duly paid […]

Designing & Execution of Stalls on Customer’s Request is Work Contract not Interior Decorator service

May 9, 2023 1182 Views 0 comment Print

Praveg Communications India Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) In the present case, the appellant’s activity being of setting-up of stalls for exhibition or events cannot be considered to be classified under Interior Decorator’s service for the reason that there is neither any element of beautification of space nor any provision […]

MOA cannot be rejected by Customs if not incorrect, fabricated or if no variation in specification of goods

May 9, 2023 549 Views 0 comment Print

Ghasiram Gokulchand Vs C.C. Jamnagar (CESTAT Ahmedabad) In the instant case, CESTAT find that the genuineness of the MoA dated 22.11.2012 has not been doubted. It is also noted that the LDT mentioned in the MoA dated 05.11.2012 between Ace Exim Pvt. Ltd. and Alang Auto & Gen. Engg. Pvt. Ltd. was not found to […]

Excise Duty cannot de demanded on Amortization Cost of Cylinder if same already included in value of packaging material

May 8, 2023 705 Views 0 comment Print

Pvn Fabrics Vs C.C.E. & S.T. (CESTAT Ahmedabad) As regard the demand of duty on cylinder used for printing of packaging material, we find that though the invoice was issued for sale of cylinder but the same was not cleared from the factory and the same was used within the factory since it is used […]

Demand of extended period not sustainable If no suppression of facts

May 8, 2023 1725 Views 0 comment Print

CESTAT held that since there is no suppression of fact, demand of extended period is not sustainable. Penalty imposed was unwarranted

No hard and fast rule can be laid down for fixing quantum of redemption fine

May 6, 2023 1122 Views 0 comment Print

CESTAT Ahmedabad held that no hard and fast rule can be laid down for fixing quantum of redemption fine but the same has to be done, depending upon facts and circumstances of each case

Service tax not leviable on purchase of land from landowners and re-sale to Real Estate Developers

May 6, 2023 6471 Views 0 comment Print

CESTAT Ahmedabad held that purchase of land from landowners and re-sale of the same to Real Estate Developers doesn’t fall under the category of ‘Real Estate Agency Service’ and hence not liable to service tax.

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