CESTAT Chennai

CESTAT confirms Release of Drones, intended for Government to Fight Covid-19

Commissioner of Customs Vs Kamdar Global Solutions Pvt. Ltd. (CESTAT Chennai)

Commissioner of Customs Vs Kamdar Global Solutions Pvt. Ltd. (CESTAT Chennai) It is noted that the goods were specifically imported for meeting the requirements during the pandemic. Drones were intended to be used for monitoring the public as to whether there is violation of the restrictions for travel and gathering of people. It is also ...

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Duty paid under protest- Rejection of refund for time-bar is unsustainable

AGFA Healthcare Pvt. Ltd Vs Commissioner of Customs (CESTAT Chennai)

AGFA Healthcare Pvt. Ltd Vs Commissioner of Customs (CESTAT Chennai) On perusal of the documents, it is seen that there is no dispute that the appellant has paid excess duty of Rs.29,57,931/- after reassessment of the bills of entry by extending the benefit of Notification No. 12/2012-CE. The refund has been rejected on the ground [&helli...

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Related person influence evidence required before review of declared price

Hanil Automotive India Pvt.Ltd. Vs Commissioner of Customs-III (CESTAT Chennai)

Hanil Automotive India Pvt.Ltd. Vs Commissioner of Customs-III (CESTAT Chennai) The CESTAT Chennai has held that the declared prices cannot be reviewed without any evidence to the effect that the relation between the appellant and the foreign supplier has influenced the declared price or to the effect that there was a flow back of money [...

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Service Tax demand on MRSA cannot sustain for the period prior to 16.5.2008

Sak Soft Limited Vs Commissioner of GST & Central Excise (Cestat Chennai)

ld. Counsel for appellant has also raised an argument that the demand under MRSA cannot sustain for the period prior to 16.5.2008 when the transactions of the very same nature have been subjected to service tax under Information Technology Software Services after such services became taxable. It is to be stated that ITSS is not a category...

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It would be harsh to cancel license of custom broker for not verifying antecedents of exporters

Setwin Shipping Agency Vs Commissioner of Customs (CESTAT Chennai)

Setwin Shipping Agency Vs Commissioner of Customs (CESTAT Chennai) Looking into the circumstances of the case where the custom Broker prima facie has some documents; the person who handed over the documents to the Broker is available; it is not alleged that the exporters were fictitious and the fraudulent persons used the high security ID...

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Classification of LCD panels & parts of LCD panels

Competition Team Technology (India) Pvt. Ltd. Vs Commissioner of Customs (CESTAT Chennai)

LCD panels are classifiable under CTH 9013 8010 and parts of LCD panels are classifiable under CTH 9013 9010. Denial of exemption benefit to the appellant as per amendment Notification No. 92/2017-Cus. dated 14.12.2017 was without any factual or legal basis....

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Invoking of extended period of limitation in case of willful suppression & mis-statement

Ford India Private Limited Vs Commissioner of Customs (CESTAT Chennai)

Ford India Private Limited Vs Commissioner of Customs (CESTAT Chennai) At paragraph 41 of the Show Cause Notice, it is inter alia recorded that M/s. Ford India Pvt. Ltd. have been constantly mis-declaring the description; that they have not only mis-declared but also misled the Customs; that the invoice descriptions themselves do not corr...

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Department cannot force Assessee to Reverse Credit Merely for non-Intimation made under rule 6 of CCR

Rockey Marketing (Chennai) Pvt. Ltd. Vs Commissioner of Service Tax (CESTAT Chennai)

The issue under consideration is whether department cannot force upon the assessee to reverse credit under Rule 6(3)(i) merely for the reason that no intimation under Rule 6 of CCR?...

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ST refund of tax paid on advance for which service not rendered due to merger cannot be denied

Lancor Holdings Limited Vs The Commissioner of G.S.T. and Central Excise (CESTAT Chennai)

Lancor Holdings Limited Vs The Commissioner of G.S.T. and Central Excise (CESTAT Chennai) There is no dispute as to the eligibility or otherwise for refund except the claim being rejected as barred by limitation. There is also no dispute that both the service provider and the service recipient having merged into a single entity, there [&h...

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Service Tax Refund rejection based on Principles of Unjust Enrichment justified

The Madras Club Vs. Commissioner of G.S.T. & Central Excise (CESTAT Chennai)

The issue under consideration is regarding rejection of claim for refund of the service tax under Section 11B....

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