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CESTAT Ahmedabad

Cleaning of waste oil to get reclaimed fuel oil not amounts to manufacture

August 29, 2022 684 Views 0 comment Print

Held that the process of cleaning of waste oil to yield reclaimed fuel oil does not amount to manufacture as defined under Section 2(f) of the Central Excise Act, 1944 not liable to duty.

Factum of actual payment of price in terms of addendum cannot be ignored while determining value of vessel

August 26, 2022 327 Views 0 comment Print

Diamond Industries (SBD) Vs Commissioner of Customs (CESTAT Ahmedabad) CESTAT find that the controversy at hand narrows down to the question whether the transaction value of the vessel is to be price mentioned in the original MOA or the reduced price indicated in the addendum. We are of the opinion that in light of the […]

B&D spares of Interceptor Boats to Cost Guard eligible for exemption Notification No. 12/2012-Cust

August 26, 2022 816 Views 0 comment Print

issue involved in present case is that whether appellant’s goods imported and supplied as a B&D spares of Interceptor Boats to Cost Guard, Government of India is eligible for exemption Notification No. 12/2012-Cust (Sr. No. 460 or 469A).

Enhanced value for imports cannot be adopted merely based on acceptance by importer

August 26, 2022 954 Views 0 comment Print

In spite of admission on behalf of the importer, Revenue is required to satisfy requirements prescribed under Section 14 of Customs Act read with Customs Valuation Rules before any enhancement of valuation.

CESTAT upheld absolute confiscation of smuggled gold bars

August 26, 2022 651 Views 0 comment Print

No dispute about illicit transaction of smuggling of old bars. So Commissioner (A) has rightly upheld absolute confiscation of gold bars.

Straightaway relying on statement of persons & demanding tax is unsustainable

August 23, 2022 1527 Views 0 comment Print

Held that the Adjudicating Authority had failed to follow the requirement of Section 9D of the Act regarding examination in chief of witness, therefore demand of service tax on the basis of statements of persons cannot be sustainable.

Liability to pay excise duty was on job-worker for Unloading Chemicals from tankers, repacking & labelling In Small Drums

August 22, 2022 675 Views 0 comment Print

Since the job worker had carried out all the activities which, as per the department, amounted to manufacturing therefore, the job worker was alone to pay the excise duty.

Service tax demand relying only on income tax returns; P&L account and balance sheet is unsustainable

August 20, 2022 3603 Views 0 comment Print

Held that confirming demand of service tax without into the details of arrangements by simply relying on the documents like income tax returns, profit & loss account and balance sheet is unsustainable in law

Earlier decision of co-ordinate jurisdiction cannot be rendered per incuriam

August 16, 2022 1752 Views 0 comment Print

Held that incorrect earlier decision by a bench of co-ordinate jurisdiction cannot be rendered per incuriam. Earlier decision has binding effect on a bench of co-ordinate jurisdiction.

Service tax demand based on TDS/ 26AS is unsustainable in law

August 5, 2022 4809 Views 0 comment Print

Held that demand of services tax on the basis of TDS /26AS statements/ 3CD Statements are not sustainable.

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