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CESTAT Chennai

Incidence of Duty Borne by Appellant, Unjust to Credit Refund to Consumer Welfare Fund: CESTAT

September 9, 2023 306 Views 0 comment Print

Analysis of the CESTAT Chennai order in Axon Drugs (P) Ltd Vs Commissioner of GST & Central Excise case. Discover why directing excise refund to Consumer Welfare Fund was deemed unjust.

MMR Service will be Treated as Exempted Service When the Service Provider did not Receive full Convertible Foreign Exchange within the Time Period Provided under Statute: CESTAT

September 9, 2023 486 Views 0 comment Print

CESTAT held that when there is doubt regarding documents, authority should seek clarification/explanation rather than relying on assumptions.

Excise Duty: Penalty unwarranted as amount paid before issuance of notice

September 7, 2023 375 Views 0 comment Print

CESTAT Chennai held that imposition of penalty unwarranted as differential duty is already paid before issuance of show cause notice.

Levy of penalty u/s. 78 unsustained as duty liability with interest paid before issuance of notice

September 5, 2023 672 Views 0 comment Print

CESTAT Chennai held that amount already paid towards the duty liability and interest before issuance of show cause notice. Notice issued only for levying penalty is untenable. Hence, levy of penalty u/s. 78 deleted.

No service tax liable to be demanded on construction contracts executed prior to 01.06.2007

September 5, 2023 426 Views 0 comment Print

Explore the crucial legal battle between Arasan Amuthan Construction and the Commissioner of Central Excise and Service Tax. Understand why no service tax is due on pre-2007 contracts according to CESTAT Chennai.

Penalty u/s 114 imposable on CHA who abetted or facilitated illegal attempted export of prohibited goods

September 4, 2023 1041 Views 0 comment Print

CESTAT Chennai held that penalty u/s 114(i) of the Customs Act, 1962 imposable as CHA has abetted or facilitated, may be deliberate or negligent, an illegal attempted export of prohibited goods i.e. Red Sanders wood pillars and tops.

Penalty u/s 114AA leviable on person who causes to have made, signed or used any false declaration or fraudulent document

September 2, 2023 795 Views 0 comment Print

CESTAT Chennai held that penalty under section 114AA of the Customs Act is leviable on person who causes to be made, signed or used any false declaration or fraudulent document

Physician samples assessable under Section 4(1) a) of Central Excise Act, 1944

September 1, 2023 390 Views 0 comment Print

CESTAT Chennai supports Fourrts India Laboratories, ruling that physician samples fall under Section 4 (1) (a) of the Central Excise Act, 1944. Dive into the details of this landmark decision.

Discretionary Penalties Shouldn’t Burden Compliant Assessees: CESTAT Chennai

September 1, 2023 477 Views 0 comment Print

Detailed analysis of Beach Minerals Company’s appeal against Commissioner of GST & Central Excise ruling. CESTAT Chennai orders fresh adjudication.

Sending order without ‘registered post with acknowledgement due’ is invalid service of order

August 31, 2023 2268 Views 0 comment Print

CESTAT Chennai held that tendering of an order to an unauthorized person or sending it without ‘registered post with acknowledgement due’ is not considered as a valid service of order. Accordingly, matter disposed of by way of remand.

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