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CESTAT Bangalore

Sony India Wins Customs Duty Relief on Mobile Imports

May 20, 2025 711 Views 0 comment Print

CESTAT Bangalore rules Sony India eligible for 1% concessional CVD on mobile imports, citing Supreme Court precedents on importer’s credit eligibility.

CESTAT Upholds Finality of Findings on Refund When Department Does Not Challenge

May 15, 2025 894 Views 0 comment Print

Nokia India Sales wins customs refund case at CESTAT. Tribunal overturns lower authority on unjust enrichment & limitation, accepting CA certificate.

Cash Refund Not Allowed for EOU-to-EOU Clearances on IUT Basis: CESTAT Bangalore

May 14, 2025 453 Views 0 comment Print

Bangalore CESTAT rules EOU not eligible for cash refund of Cenvat credit on supplies to other EOUs after March 2015 amendment but allows re-credit.

CESTAT Allows Cash Refund for Unutilized Cenvat Credit from Pre-GST Era

May 14, 2025 666 Views 0 comment Print

Bangalore CESTAT directs cash refund of Cenvat credit to EOU for period before GST, citing transitional provisions and binding precedents.

Redetermination of value set aside as goods were replacement for goods imported earlier

May 5, 2025 420 Views 0 comment Print

CESTAT Bangalore held that question of redetermination of value doesn’t arise since the impugned goods were replacement for goods imported earlier which were found to be defective. Accordingly, appeal allowed.

CESTAT Upholds Section 28(1) Custom Notice for Short-Levy Post–Clearance

May 4, 2025 435 Views 0 comment Print

CESTAT Bangalore ruled against Tiptop Furniture, affirming the Customs Department’s authority to issue a show-cause notice for short levy of duty post-assessment.

Refund Rejection Set Aside by CESTAT; Additional Documents Not Fresh Claims

April 11, 2025 651 Views 0 comment Print

CESTAT held refund claims by Cerner Healthcare valid as original claims were timely and additional documents can’t be treated as fresh claims.

KLE Society’s Services to University of Sains Malaysia Qualify as ‘Export of Services’

February 21, 2025 411 Views 0 comment Print

CESTAT Bangalore rules KLE Society’s services to Malaysian university qualify as export of services, overturning a substantial service tax demand. The tribunal cited precedent cases like Vodafone Idea and Verizon Communication, emphasizing the recipient’s location and foreign currency payments.

Pre deposit u/s 129E was paid under protest: CESTAT remanded the appeal

January 14, 2025 885 Views 0 comment Print

Matter relates to refund of duty paid consequent to re-classification of the aircraft parts imported. Commissioner’s (Appeals) rejected the appeals by holding that appellant did not deposit 7.5% of the duty or penalty disputed as per section 129 E of the customs act.

Appeal couldn’t be rejected based on non-compliance u/s 129E of Customs Act

January 11, 2025 696 Views 0 comment Print

Hence, the matter need to be remanded to Commissioner (A) to decide the issue on merit. At this stage, the issue was pending for more than 10 years, therefore, a timeframe was necessary for disposal of the appeal.

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