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CESTAT Ahmedabad

Service tax cannot be levied in India when whole of service provided outside India

October 4, 2022 2700 Views 0 comment Print

In the present case, admittedly the whole of the service was provided outside India and received outside India, therefore, even in terms of the said rule, the service tax is not leviable on the Business Exhibition Service received by the appellant which was performed outside India hence not taxable in the hands of the appellant.

Capital goods under para. 09.08 of FTP includes furniture used indirectly for manufacture

October 4, 2022 4176 Views 0 comment Print

Ratnamani Metal And Tubes Limited Vs Commissioner of Customs (CESTAT Ahmedabad) We find that there is no dispute to the use of the subject second hand office furniture/equipment in relation to the manufacturing of goods and hence the subject goods are part of complete stainless steel tube manufacturing plant. The authorities below have nevertheless taken […]

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

September 21, 2022 2214 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 1008 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 7137 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 1164 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 555 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 1314 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 1386 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 948 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.

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