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CESTAT Ahmedabad

Provisional release granted to dry dates being perishable goods

November 22, 2022 1302 Views 0 comment Print

CESTAT Ahmedabad ordered provisional release of perishable goods i.e. dry dates holding that in case of perishable goods provisional release of the goods should be allowed expeditiously.

Demand of service tax on cost sharing agreement unsustainable

November 21, 2022 1536 Views 0 comment Print

CESTAT Ahmedabad held that arrangement of the appellant with it is associate companies is in the nature of cost sharing and it would not be correct to say that the appellants are providing any services to their associate companies and hence demand of service tax unsustainable.

Service relating to power transmission exempted from service tax

November 21, 2022 2910 Views 0 comment Print

CESTAT Ahmedabad held that all the services provided in relation to power transmission is exempted from service tax as per notification 45/2010-ST.

Rejection of transaction value without evidence proving reason influencing price is unjustified

November 18, 2022 666 Views 0 comment Print

CESTAT Ahmedabad held that rejection of transaction value is unjustified as department has failed to produce any evidence reflecting that the relationship between the parties has influenced the price.

If classification proposed by Revenue is incorrect, than classification declared by appellants cannot be disturbed

November 16, 2022 981 Views 0 comment Print

Utkarsh Chemicals Vs C.C. Mundra (CESTAT Ahmedabad) The common issue involved in all the appeals of the bunch as well as in the present appeals is of classification of goods declared by the appellant as Bed Cover and the revenue’s claim is that imported goods is ‘polyester woven fabric’ classifiable under CTH 54075490. Brief facts […]

CESTAT upheld Section 11AC penalty on intentional short payment of duty

November 8, 2022 381 Views 0 comment Print

Meghmani Organics Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT find that there is no dispute about the duty and interest which were already paid by the appellant on pointing out by the audit. The only limited issue to be decided by me in the given facts and circumstances are that whether the appellant is […]

AVETCS systems not eligible for benefit of Notification No. 20/2003-ST

November 8, 2022 483 Views 0 comment Print

Chashmita Engineers Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) Appellant is seeking benefit of Notification No. 20/2003-ST in respect of the service provided by them in respect of AVETCS system. Services provided for AVETCS as follows: “The Automatic Vehicle Entry Tax Collection System (AVETCS) of Commissioner of Transport constitutes electronic weigh bridges, CCTV system, computers, […]

Remission of duty eligible on finished goods destroyed in fire incident

November 8, 2022 489 Views 0 comment Print

Bajaj Herbals Private Ltd Vs C.C.E. (CESTAT Ahmedabad) CESTAT find that there is no dispute that a fire has taken place in the factory of the appellant due to short circuit and the finished goods was destroyed along with other material like packing materials and consumables. It is observed that immediately when the fire took […]

Abatement Notification benefit cannot be denied for Mismatch in Purchase Quantum

November 7, 2022 537 Views 0 comment Print

Jay Gurudev Construction Co Vs C.C.E. & S.T.-Rajkot (CESTAT Ahmedabad) Issue involved is if the appellants are entitled to benefit of Notification No. 15/2004- ST for the period 2005-06 and 2007-08. It is noticed that the benefit has been denied by the Commissioner (Appeals) on the ground that the appellant has failed to produce any […]

Issue Guideline to deal with pending cases after IBC Proceedings initiation- CESTAT to CBIC

November 7, 2022 1209 Views 0 comment Print

Ultratech Nathdwara Cement Limited Vs C.C. Jamnagar (Prev) (CESTAT Ahmedabad) CESTAT observed that IBC proceedings are being initiated against many companies who are either appellant or respondent in the appeals pending before this tribunal. We observed that the revenue-department has no proper guideline as to what stand is to be taken in a case where […]

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