Sponsored
    Follow Us:

CESTAT Bangalore

Gold hidden in foot band worn for medical purpose cannot be treated as ‘personal effects’

November 4, 2021 516 Views 0 comment Print

Nizar Moulavi Abdul Khader Vs Commissioner of Customs Mangalore (CESTAT Bangalore) Order-in-Original records a finding that gold was found in the foot band worn for medical purpose on both the feet of the appellant, well hidden/covered with black socks, shoes put over them. This is claimed as having been found on the ‘person of the […]

Limitation period for granting refund not applicable to refund of Custom duty paid in excess

October 21, 2021 3315 Views 0 comment Print

CESTAT held that when the customs duty is paid in excess, the department is liable to refund the same and the limitation provided under Section 27 of the Customs Act, 1962 will not be applicable.

Service Tax Refund Claim: CA certificate cannot be considered as conclusive proof

October 14, 2021 7731 Views 0 comment Print

Explore the CESTAT Bangalore judgment in Apnacar.Com Pvt. Ltd. Vs Commissioner, addressing refund claim on excess taxes paid, evidentiary requirements, and time limits.

No condition under Export of Service Rules, 2005 that services performed in India would not qualify as export of service

September 22, 2021 1710 Views 0 comment Print

IBM India Private Limited Vs C.C.E. & S.T.-Bangalore-ltu (CESTAT Bangalore) Admittedly the appellants are providing the services to their foreign company situated outside India and their parent company does not have any commercial or industrial establishment or any office in India and the services by appellant are provided in relation to provision of service recipient […]

BAS services to group companies outside India on principal to principal basis cannot be treated as ‘Intermediary Services’

September 22, 2021 1428 Views 0 comment Print

Sales marketing and support services provided to its group companies are export of service because the said services have been provided on principal to principal basis and there is no element of principal-agent relationship.

Credit on Tower Materials and Prefabricated Buildings or Shelters admissible on the basis of permanency test.

September 22, 2021 1443 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal provided relief to the Appellant by allowing the CENVAT credit on tower materials and prefabricated buildings or shelters by relying on the Judgment of Vodafone pronounced by Hon’ble Delhi High Court, which have relied on the Judgment of Solid and Correct Engineering Works which laid down the permanency test.

Refund allowed of Unutilized Education Cess, which couldn’t be transitioned into GST

August 26, 2021 4713 Views 0 comment Print

Appellant contended that accumulated credits of Cesses were not transitioned into GST regime due to specific restriction under Section 140(1) of CGST Act. Appellant therefore had to resort to the option of refund under existing law to avoid lapsing of credit.

Interest on delayed Service Tax refund payable on expiry of 3 months from application

August 24, 2021 3108 Views 0 comment Print

Astrazeneca India Pvt. Ltd. Vs Commissioner Of Central Tax (CESTAT Bangalore) Since the issue of interest on delayed refund has been settled by the apex court in the case of Ranbaxy Laboratories Ltd. (supra) wherein Hon’ble Supreme Court has held that interest on delayed refund under Section 11BB is payable on expiry of three months […]

Hand Mixers are different from Handheld Blender & not liable for BIS compliance

August 24, 2021 2733 Views 0 comment Print

I am of the opinion that the Handheld Mixer are not liable to have a BIS compliance as mentioned in BIS Kitchen Appliances (Quality Control) Order, 2018. I am of the opinion that the Handheld Mixer are not liable to have a BIS compliance as mentioned in BIS Kitchen Appliances (Quality Control) Order, 2018

CENVAT credit allowable on lift which is capital goods: CESTAT Bangalore

August 18, 2021 1398 Views 0 comment Print

Divya Sree R O W Projects Vs Commissioner of Central Tax (CESTAT Bangalore) After considering the submissions of both the parties and perusal of the material on record, I find that when the passenger lift was imported, it was classified under Chapter 84 and the Classification was accepted by the Department and once the classification […]

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031