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CESTAT Ahmedabad

Customs Value declared by Assessee cannot be enhanced without rejecting it under Rule 12  

April 28, 2023 510 Views 0 comment Print

Enhancement of value of imported goods based on NIDB data and circular issued by DGOV without rejecting declared value under Rule 12 of Customs Valuation Rules, 2007 is not proper.

Cenvat Credit Rules 3(7)(a) applies if duty has been paid at concessional rate

April 27, 2023 723 Views 0 comment Print

Rule 3(7)(a) of Cenvat Credit Rules (CCR) applies only the duty has been paid at the concessional rate prescribed in Serial No. 2 of Notification No. 23/2003-CE dated 31/03/2003.

No service tax on training of officers outside India by a foreign agency

April 26, 2023 1176 Views 0 comment Print

Training of officers by a foreign agency was performed outside of India. Therefore, there cannot be any liability of Service Tax.

Cost of Corrugated Boxes supplied Free of Cost Includible in Transaction Value

April 26, 2023 669 Views 0 comment Print

Cost of free supplied corrugated boxes need to be included into assessable value of metal containers for payment of Central Excise duty.

Benefit of exemption notification no. 102/2007 not deniable alleging imported goods were sawn and sold in DTA

April 25, 2023 648 Views 0 comment Print

CESTAT Ahmedabad held that the benefit of exemption Notification No. 102/2007 cannot be denied merely because the imported goods were of logs whereas the same were sawn and sold in DTA.

Demands raised under wrong category of services: CESTAT remand matter back to AA

April 25, 2023 828 Views 0 comment Print

CESTAT find that Appellant claims that most of demands have been raised under the wrong category of services hence not sustainable.

Rent received by Individuals owing Property jointly cannot be Clubbed to impose service tax

April 25, 2023 1617 Views 0 comment Print

Rented property jointly owned by five persons, whether appellants are liable to service tax by clubbing of all five persons or otherwise

Service tax abatement cannot be denied for non-inclusion of value of material provided free by service supplier

April 25, 2023 2844 Views 0 comment Print

As per Section 67 of Finance Act, 1994 only that value which is charged by the service provider to the service recipient shall be considered the gross value. Value of the material supplied by the service recipient since not charged by the service provider, cannot be included in the gross value of the service.

Wheel of justice should not stop for filing of Appeal with SC if no stay been granted

April 24, 2023 1254 Views 0 comment Print

CESTAT Ahmedabad dismisses revenue’s appeal against IOCL, affirming the transaction value under Section 4(1)(a), setting a precedent for similar cases.

Exchange rate applicable will be rate on date the warehousing bill of entry was filed for putting goods in bond

April 24, 2023 4470 Views 0 comment Print

CESTAT held the exchange rate applicable will be the rate on the date the warehousing bill of entry was filed for putting goods in bond.

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