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CESTAT Ahmedabad

No penalty for mis-declaration of origin of goods without any evidence of deliberate mis-declaration

July 10, 2022 1620 Views 0 comment Print

Shobha Plastics Pvt Limited Vs Commissioner of Customs (CESTAT Ahmedabad) The Principal Commissioner of Customs Ahmedabad vide impugned order has imposed penalty under section 112 (a) of the Act upon the appellants Jayesh Mehta and Harshad Vadodaria on the ground that appellants herein have aided and abetted the importer in importing the goods by way […]

No Excise Duty or Reversal of Cenvat Credit on Removal of Empty packaging

July 10, 2022 540 Views 0 comment Print

CESTAT held that assessee is not liable for payment of either excise duty or cenvat credit under Rule 6(3) of the Cenvat Credit Rules, 2004 on empty packaging material of cenvatable input.

Duty demand by treating buyer’s premises as place of removal is unsustainable

July 9, 2022 555 Views 0 comment Print

Held that buyer’s premises cannot, in law, be a place of removal under Section 4. Demand duty thereon is unsustainable in law

Cenvat credit eligible on warranty service via third party on FOC basis

July 9, 2022 579 Views 0 comment Print

CENVAT credit is available on the amount of service tax paid for the services provided by the dealers to the customers on behalf of the appellant for fulfilling the warranty obligations of the appellant.

Demand of Central Excise Duty cannot be sustained being time barred & in absence of any suppression by assessee

July 5, 2022 1353 Views 0 comment Print

CESTAT set aside the demand order has held that invoking extended limitation period by the Revenue Department cannot be sustained, being time barred and is invalid in absence of suppression of fact with intent to evade payment of duty on the part of assessee.

Exemption cannot be denied merely based on heading of Notification or Budget Speech not forming part of Notification

July 3, 2022 1035 Views 0 comment Print

Inductotherm India Pvt Ltd Vs C.C. (CESTAT Ahmedabad) Only ground on which the department has been denying the exemption Notification No. 25/2002-Cus dated 01.03.2002 is that the subject imported goods are exempted only if it is imported and used by the IT Industries whereas, in the appellant’s case the industry is not IT Industry but […]

Limitation not applies to Refund of PLA Balance

July 2, 2022 2481 Views 1 comment Print

Sun Pharmaceutical Industries Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT held that in case of PLA balance, it is not deposited as a duty but it is deposited as advance towards the duty. The PLA Amount takes the color of excise duty only when it is utilized for payment of duty on clearance of […]

Order without finding for deciding the classification of goods – CESTAT remands matter back

July 1, 2022 1425 Views 0 comment Print

Suzuki Morots Gujarat Private Limited Vs C.C. (CESTAT Ahmedabad) The Commissioner (Appeals) while deciding the classification of the disputed goods, in question, under heading 8708, has not given any finding as to whether all the above conditions which are very important for deciding the classification of goods, satisfy / comply in respect of the disputed […]

CESTAT reduces penalty imposed on Chairman/MD for improper accounting of finished goods under Excise Law

July 1, 2022 651 Views 0 comment Print

Explore CESTAT Ahmedabad decision in Anil Dudalal Kaneria vs C.C.E. Understand the penalty reduction from INR 5 Lacs to INR 1 Lac for failure in goods accounting. Details and implications.

Limitation Cannot start to run unless right to receive a claim or refund crystallized

June 29, 2022 828 Views 0 comment Print

we find that Learned Commissioner (Appeals) denied the refund claims solely on limitation. There is no dispute of the fact that the goods have been exported by the appellant during the period April 2008 to March 2009 by utilizing the services on which service tax was payable for the exported goods.

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