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CESTAT Ahmedabad

Customs duty cannot be demanded jointly & severally: CESTAT deleted penalty u/s 114A

January 15, 2025 1173 Views 0 comment Print

As goods were cleared on the bill of entry of the appellant, hence it was made a party by the department. Differential custom duty was demanded jointly and severally from BGH and appellant.

Department needs to prove un-printed sheets of Taiwanese origin for levy of anti-dumping duty

January 11, 2025 837 Views 0 comment Print

CESTAT Ahmedabad held that department imposed anti-dumping duty on un-printed sheets treating it to be Taiwanese origin, hence burden of proof lies on department to establish the same. In absence of any proof, demand cannot be sustained.

Mandap Keeper Services Not Taxable as Support Services: CESTAT Ahmedabad

January 11, 2025 579 Views 0 comment Print

CESTAT Ahmedabad rules that Mandap Keeper Services by Ahmedabad Municipal Corporation are non-taxable, covered under the negative list, and not support services.

Exemption from additional duty of customs admissible on import of HSD even if working under DEEC Scheme

January 9, 2025 726 Views 0 comment Print

CESTAT Ahmedabad held that benefit of exemption from additional duty of customs i.e. benefit of notification no. 43/2002-Cus dated 19.04.2002 available on import of High Speed Diesel even if they are working under DEEC Scheme.

Interest on sanctioned refund under Customs admissible after 3 months from date of application

January 3, 2025 1170 Views 0 comment Print

CESTAT Ahmedabad held that under Customs Act interest on sanctioned refund is admissible after three months from the date of application and not from date of Commissioner (A) order.

Referral services to foreign universities amounts to “export of service’

January 1, 2025 1968 Views 0 comment Print

Enbee Education Centre Private Limited Vs Commissioner of C.E. & S.T.-Vadodara-I (CESTAT Ahmedabad) The services provided amount to “export of service” under Rule 2 read with Rule 3(2) of the Place of Provision of Service Rules We share the recent order passed by the Hon’ble CESTAT Ahmedabad. The appellant is providing services to foreign universities. […]

Cost-sharing arrangement not amount to provision of BSS or other taxable service

December 30, 2024 696 Views 0 comment Print

CESTAT Ahmedabad ruled that cost-sharing among Gujarat electricity companies, including MGVCL, does not constitute taxable Business Support Services under Finance Act, 1994.

CESTAT Ahmedabad Remands Case Over Valuation Disputes – SEZ Duty, CAS-4 Certificate & Time Bar

December 29, 2024 492 Views 0 comment Print

CESTAT Ahmedabad remands the appeal of Sahjanand Medical Technologies Ltd. regarding the enhancement of goods valuation, highlighting issues with SEZ duty, CAS-4 certificate, and time bar.

Custom classification should rely on chemical nature of product, not its end-use

December 29, 2024 1965 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Arpan Aeromatics, overturning the classification decision for imported goods, citing improper reliance on the end-use and absence of chemical examination.

Deposit During Investigation or Audit to Count for Pre-Deposit in Customs Appeals

December 24, 2024 1443 Views 0 comment Print

The CESTAT Ahmedabad ruling in RTI Spinners Vs C.C.- Mundra considers pre-deposit requirements under Section 129E of the Customs Act. Appeals remanded for further review.

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