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CESTAT Ahmedabad

No independent examination of unjust enrichment aspect – CESTAT directs re-adjudication

March 13, 2023 867 Views 0 comment Print

C.C. Kandla Vs Reliance Industries Limited (CESTAT Ahmedabad) We find that in the present case, the revenue has not challenged the merit of the case however their appeal is only on the ground of unjust enrichment. The Revenue contended that the learned Commissioner (Appeals) merely followed the order of Mundra Custom however he  has not […]

Bulk liquid Cargo duty payable on quantity received in shore tank

March 12, 2023 729 Views 0 comment Print

For assessment of Bulk liquid Cargo duty is payable on quantity received in shore tank & not on quantity mentioned in Bill of Leading/invoice

Extended period of demand cannot be invoked if confusion on classification of services at the end of department

March 11, 2023 393 Views 0 comment Print

Messrs Darcy Reservoir Consultancy Services P Ltd Vs C.S.T. Service Tax (CESTAT Ahmedabad) CESTAT gone through the records, various submissions made and the case laws cited before us. We find that the case laws cited (Supra) by the appellant squarely covers their activities under ‘Survey And Exploration Of Minerals Service’ and Department has sought to […]

Value declared on import upheld as difference in comparable price justifiably explained

March 10, 2023 1017 Views 0 comment Print

CESTAT Ahmedabad held that difference is value declared on import of non-calcined petroleum coke by the appellant i.e. Rs. 2871.15 as against the comparable imports price i.e. Rs. 3701.20 justified based on the nature of supplies and long-term contract of appellant with supplier.

Service Tax Penalty under Section 76 cannot be imposed when Section 78 penalty was imposed

March 10, 2023 1749 Views 0 comment Print

Sos Finance Vs C.S.T. Service Tax (CESTAT Ahmedabad) Limited issue to be decided in the present case is that whether the appellants are liable for penalty under Section 76 & 78 of the Finance Act, 1994. As regard, the imposition of penalty under Section 76 in the present case, I find the issue is settled […]

Classification of Service cannot be disputed at the recipient End

March 10, 2023 1050 Views 0 comment Print

Gulf Oil Corporation Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT find that the cenvat credit was denied to appellant on the ground that service being classifiable under Sponsorship Service, the appellant was supposed to discharge the service tax under GR-7 Challan. We find that the service provider M/s. K.P.H. Dream Cricket Pvt. Ltd. has […]

Fraudulent Export – Negligence of CHA – CESTAT reduces Penalty

March 10, 2023 480 Views 0 comment Print

Parthiv V Dave Vs C.C. (CESTAT Ahmedabad) CESTAT find that the exporter has made a serious offence by mis-declaring the quantity i.e. against 30,000 pairs declared in the export document only physical quantity found 405 pairs. Moreover, the value was also shown exorbitantly high. I find that though the appellant has acted as CHA and […]

Refund claim for unutilized balance in PLA not hit by limitation of section 11B of Excise Act

March 9, 2023 1326 Views 0 comment Print

CESTAT Ahmedabad held that deposit in PLA is not a payment of duty. Accordingly, refund claim for unutilized balance in PLA is not hit by limitation of Section 11B of the Central Excise Act, 1944.

Services provided to J&K are outside the purview of service tax

March 9, 2023 2187 Views 0 comment Print

CESTAT Ahmedabad held that services provided to the State of Jammu & Kashmir are not liable to service tax, as Section 64 of Chapter V of Finance Act, 1994 excludes the applicability of service tax to the state of Jammu and Kashmir, hence these services are neither taxable nor exempted.

In limitation issue Appellate authority should decide the matter instead of remanding back  

March 8, 2023 954 Views 0 comment Print

Rudraksh Detergent And Chemicals Pvt Ltd Vs C.C.E.-Kutch (CESTAT  Ahmedabad) The issue involved in the present case is that whether the re-credit claimed by the appellant is correct or not in terms of para 2C of area based exemption Notification No. 39/2001- CE dated 31.07.2001. This appeal was filed against the Commissioner (Appeals) order whereby […]

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