CESTAT Ahmedabad rules it has jurisdiction over foreign currency seizure, distinguishing it from baggage. Orders release of seized currency and directs lower penalties on family members.
ITAT Ahmedabad held that loss on foreign currency derivative transactions and loss on account of exchange rate difference are not speculative in nature and hence the same is allowable as business expense. Accordingly, order passed by Pr. CIT u/s. 263 directed to be quashed.
CESTAT Ahmedabad held that in case of bulk liquid cargo imports measurement in tanks on shore into which such cargo is pumped from the tanker is to be considered as basis for levy of customs duty.
The CESTAT Ahmedabad rules that Hubergroup India is entitled to a cash refund of accumulated Education Cess credit, citing that the abolition of the levy doesn’t negate the right to a refund of legally earned Cenvat credit.
The CESTAT Ahmedabad has set aside a service tax demand against Triton Communication, ruling that the company was a mediator, not a service provider.
CESTAT Ahmedabad has dismissed Customs duty and penalty demands against Sterling Generators (EOU), ruling the extended limitation period was not invokable due to full disclosure in records.
CESTAT Ahmedabad rules Synergy Seaports eligible for a Rs 1.85 Cr refund, citing Supreme Court’s ultra vires judgment and CGST Act’s Section 142(3) on time limits.
They also explained that the renting service, including furniture, was approved by the SEZ Unit Approval Committee for use in authorized operations. Department argued that furniture did not fall under immovable property and therefore could not be covered under the Renting of Immovable Property service category.
Tribunal also observed that assessee’s change in classification from 25132030 to 25132090 after the notification indicated an intent to circumvent the export restriction. It further held that reliance on internal communications not mentioned in the show cause notice did not alter the fact that the export violated DGFT policy.
M/s. KLJ Polymers & Chemicals Ltd (the appellant importer) was engaged in import of different types of chemicals, PVCs, pigments etc and also engaged in manufacturing and trading of polymers, pigments, lubricants, stabilizers etc.
