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CESTAT Ahmedabad

Customs Penalty u/s 112(b) unsustainable as appellant not dealt physically with alleged goods

September 21, 2022 2121 Views 0 comment Print

Held that penalty under Section 112(b) of the Customs Act cannot be imposed if the assessee has not dealt with or transported goods physically in any manner.

Credit of items continued to be covered under excise law is not admissible in GST law

September 16, 2022 978 Views 0 comment Print

Held that the credit which is admissible as input tax credit under the CGST Act can be availed as input tax credit. The quantum of credit which relates to the items which continued to be covered under the Central Excise Act would not be admissible as input tax credit under CGST Act.

Refund on Extra Duty Deposit should be automatic under Customs Act

September 7, 2022 7011 Views 0 comment Print

Assessee entitled to automatic refund of Extra Duty Deposit without filing of application for refund under Section 27 of Customs Act – CESTAT

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

August 29, 2022 1065 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 513 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 1191 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 1341 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 900 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 1815 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 972 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.

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