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CESTAT Bangalore

Delay in Sample Drawal Affects Carotene Level: CESTAT Bangalore

November 13, 2023 717 Views 0 comment Print

CESTAT Bangalore upheld the Commissioner’s order regarding vegetable oil carotene levels, stating that delay in sample drawal impacts accuracy.

Lack of Corroborative Evidence – CESTAT Quashes Customs Act Section 112A Penalty for Import Undervaluation

November 12, 2023 762 Views 0 comment Print

CESTAT Bangalore quashes penalty under Section 112A of Customs Act on undervaluation of artificial flowers and photo frames due to lack of corroborative evidence. Analysis of the case.

Mere Retracted Statements Insufficient for Customs Act Penalties: CESTAT

November 12, 2023 1188 Views 0 comment Print

CESTAT Bangalore rules in Rafeek K.T. vs Commissioner of Customs case: Retracted statements without corroborative evidence deemed inadmissible.

Demand on past consignments based on examination report of live consignment unsustainable

November 10, 2023 1770 Views 0 comment Print

CESTAT Bangalore held that without any such evidences based on the examination report of live consignment, one cannot extrapolate the same to the past consignments. Accordingly, demand for all the past consignments set aside.

CENVAT admissible: Manufacturing Includes Blackening, Buffing, Inspection, Packing, etc.

November 3, 2023 789 Views 0 comment Print

CESTAT Bangalore held that various processes i.e. blackening, buffing, final inspection, packing etc. carried out on the inputs results into manufacture. Accordingly, CENVAT Credit on duty paid on inputs is admissible.

Service Tax Exempt for Admission/Enrollment Fees from Prospective Club Members

November 3, 2023 966 Views 0 comment Print

CESTAT Bangalore held that admission/ enrolment fee collected from prospective members of the club cannot be subjected to levy of service tax under the category of ‘Club or Membership Association Services’.  Accordingly, demand of service tax set aside.

TDS from Own Account not excludible from Gross Taxable Value

November 3, 2023 714 Views 0 comment Print

CESTAT Bangalore held that TDS amount paid to the Government by the appellant from his own account not to be included in the gross taxable value. Accordingly, service tax not leviable on the same.

Benefit of Notification 108/95-CE cannot be denied if no evidence of removal of goods before project completion

November 2, 2023 849 Views 0 comment Print

CESTAT Bangalore held that in the absence of any evidence regarding removal of the goods before completion of the project, the benefit of Notification No.108/95 CE dated 28.08.1995 amended vide Notification No.13/2008 CE dated 01.03.2008 cannot be denied. Accordingly, demand set aside.

Imported product which functions like badge reader is rightly classifiable under Chapter 8543

November 1, 2023 786 Views 0 comment Print

CESTAT Bangalore held that the product i.e. ‘553 series for 4500 Full A/N Prox. Exp Memory’ which functions like a badge reader is rightly classifiable under Chapter 8543.

CENVAT Credit admissible on ‘Banking & Financial Services’ used in Immovable Property Renting

November 1, 2023 741 Views 0 comment Print

CESTAT Bangalore’s recent decision on CENVAT credit for banking and financial services in property rentals. Detailed analysis and implications of the case.

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