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CESTAT Bangalore

Cocoa beans not satisfying quality standards re-exported; Fine & Penalty Reduced

January 7, 2025 534 Views 0 comment Print

CESTAT Bangalore held that imported coco beans which didn’t satisfied the quality standards were permitted to re-export and accordingly, redemption fine and penalty imposed on the same reduced.

Book entry/manner of book keeping cannot lead to demand of service tax

January 1, 2025 978 Views 0 comment Print

Book entry/manner of book keeping cannot lead to demand of service tax; (ii) recoupment/booking of costs between two divisions of the same company cannot amount to provision of service as there is no service provider and no service receiver;

Technical support service rendered online to foreign companies were ‘Export Of Service’ and not Intermediary service, refund of Rs. 16.8 Cr was allowable

January 1, 2025 684 Views 0 comment Print

CIT (Appeals) held that assessee qualified as an ‘intermediary,’ making the services rendered ineligible for classification as ‘Export of Services’ under the Service Tax Rules, 1994.

Section 149 of Customs Act doesn’t not prescribe any time limit: CESTAT Bangalore

December 31, 2024 1245 Views 0 comment Print

CESTAT Bangalore held that no time limit has been prescribed under the statutory provision of Section 149 of the Customs Act hence circular no. 36/2010 dated 23.09.2010 cannot prescribe particular time period which is not provide u/s. 149.

Customs duty payable on quantity of crude oil actually received in shore tank in India

December 31, 2024 585 Views 0 comment Print

CESTAT Bangalore held that the quantity of crude oil actually received into a shore tank in a port in India should be the basis for payment of customs duty. Thus, customs duty needs to be calculated based on crude oil received in shore tank.

Exporters Can Claim Notification Benefit Later for Reimported Goods if not availed initially

December 20, 2024 846 Views 0 comment Print

The goods were re-exported in April 2005 after Customs clearance. Customs authorities issued a show-cause notice alleging non compliance with Notification No.158/95 and demanded duties and interest.

Benefit of notification 52/2003-Cus. dated 31.03.2003 admissible on re-import of rejected goods

December 2, 2024 909 Views 0 comment Print

Assistant Commissioner, however, rejected the benefit of the Notification No.52/2003-Cus. dated 31.03.2003. Commissioner (Appeals) upheld the order of the adjudicating authority. Being aggrieved, the present appeal is filed.

CESTAT Dismisses Appeal Due to 325-Day Filing Delay

October 27, 2024 510 Views 0 comment Print

CESTAT dismisses Access Enterprises’ appeal for exceeding the 325-day statutory limit, citing medical reasons as insufficient for delay condonation.

Traders Eligible for SAD Exemption Without Duty Endorsement on Invoices

October 27, 2024 441 Views 0 comment Print

CESTAT rules traders can claim SAD refund without invoice endorsements as per Notification No. 102/2007-Cus in Avon Cycles Ltd case.

CESTAT Remands Timber SAD Refund Case for Reconsideration

October 27, 2024 339 Views 0 comment Print

CESTAT condones a 22-day delay in M.M. Saw Mills’ appeal for Special Additional Duty refund and remands the case to the Commissioner for merit review.

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