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CESTAT Ahmedabad

Recovery of CENVAT based on third party statement without tangible corroborative evidence unsustainable

November 21, 2023 666 Views 0 comment Print

CESTAT Ahmedabad held that no reliance can be placed on statements of third party without tangible corroborative evidence. Accordingly, recovery of Cenvat Credit under rule 14 rightly dropped.

Services in the Form of Receipt of Patent Registered Outside India are not liable to Service Tax

November 20, 2023 309 Views 0 comment Print

Services in the Form of Receipt of Patent Registered Outside India not liable to Service Tax – CESTAT, Ahmedabad. Intas Pharmaceuticals Ltd. entered into a Technology Transfer and Licensing Agreement with Swiss company for development and commercialization of recombinant human erythropoietin. Technology Know-how Transfer Agreement with UK’s Biocam Ltd.

Laying of pipeline doesn’t fall under Industrial or Commercial Construction Service

November 20, 2023 534 Views 0 comment Print

CESTAT Ahmedabad held that service of laying of pipeline for Gujarat Water Supply & Sewerage Board (GWSSB) is not falling under the service of industrial or commercial construction service.

Spent solvent arising during manufacture of Sucralose is not dutiable hence excise demand unsustainable

November 20, 2023 342 Views 0 comment Print

CESTAT Ahmedabad held that spent solvent (DMF) arising during the course of manufacture of dutiable ‘Sucralose’ is not dutiable and hence demand of excise duty thereof is not sustainable in law.

Excavation of Lignite and overburden Removal of Materials are Classifiable under ‘Mining Service’ and Not in ‘Site Formation Service’: CESTAT Quashes Service Tax Demand

November 18, 2023 393 Views 0 comment Print

Dholu KCL JPF wins CESTAT Ahmedabad case! Quashing service tax demand, tribunal rules removal of overburden during lignite mining as ‘Mining Service.

Denial of refund claim unjustified as Anti-Dumping Duty was not leviable at the relevant time

November 18, 2023 483 Views 0 comment Print

CESTAT Ahmedabad held that denial of refund claim of Anti-Dumping Duty unjustified as the Anti-Dumping Duty was not leviable at the relevant time as notification imposing the same expired.

CHA Cleared Vessel Import Without Misclassification; No Section 112(a) Penalty

November 15, 2023 711 Views 0 comment Print

Penalty u/s 112 (a) against CHA on clearance of imported vessel was not leviable as the duty of the importer was to give the correct and detailed description which had been discharged and the charge of misclassification had been dropped against importing firm and the matter already been decided in favour of the importing firm and its director and therefore, the cause of imposing penalty against Custom House Clearing Agent get extinguishable.

Customs Duty Based on Actual Crude Oil Received in Indian Port Tank: CESTAT

November 14, 2023 870 Views 0 comment Print

Reliance Industries Limited vs. Commissioner of Customs (CESTAT Ahmedabad) regarding payment of customs duty based on quantity of crude oil in a shore tank.

CESTAT Upholds Penalty on Excise Duty Evasion for ‘Chhakkdo Rickshaw’

November 14, 2023 255 Views 0 comment Print

CESTAT Ahmedabad upholds penalty on Karimbhai Nanjibhai Shah for facilitating clearance of ‘Chhakkdo Rickshaw’ without excise duty payment, resulting in evasion. Full text available.

Ship Demurrage Charges not includible in Transaction Value of Imported Goods: CESTAT

November 13, 2023 882 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Reliance Industries, stating ship demurrage charges are not part of imported goods’ transaction value. Full analysis of C.C. Ahmedabad vs. Reliance Industries Limited.

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