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CESTAT Chennai

No Absolute Confiscation or Re-Export of Goods cleared for Domestic Consumption

September 10, 2022 609 Views 0 comment Print

Commissioner of Customs (Imports) Vs Pankaj Electronics (CESTAT Chennai) Once the goods have been released after inspection by authorized Chartered Engineer, as has been noted by the Hon’ble High Court, there cannot be any contrary view possible in the present appeal. Ten years down the time line after release of the goods per direction of […]

Axe Universal Oil is a Ayurvedic product classifiable under Chapter 30

September 9, 2022 1752 Views 0 comment Print

CESTAT held that Axe Brand Universal Oil classifiable under Chapter 30 as it is similar to Amrutanjan, Vicks, Tiger Balm which were held to be classifiable under Chapter 30 by Hon’ble Supreme Court in the case of Amrutanjan Ltd. Vs. Collector of Central Excise – 1995 (77) ELT 500 (SC).

Cenvat credit cannot be denied by stating that name of Original Importer is too Technical

September 8, 2022 549 Views 0 comment Print

CESTAT held that denial of credit alleging that invoices mention the name of the original importer is too technical and cannot be accepted.

Rejection of request for conversion of free shipping bills to advance authorization scheme shipping bills not justified: CESTAT

August 17, 2022 5241 Views 0 comment Print

Neha Agrawal Carboline India Pvt. Ltd. Vs Commissioner of Customs (CESTAT Chennai) Facts: i. The appellant had exported ‘Paint for fire proofing THERMO Lag 3000 SP’ vide 2 shipping bills dated 18.04.2018 and 02.05.2018. ii. Two Advance authorisations (AA) dated 09.04.2018 & 02.05.2018 were obtained for duty free import of raw materials with an export […]

Revenue cannot allege switching of samples without proper evidence

August 16, 2022 525 Views 0 comment Print

Revenue has only alleged about the switching of samples, but has nowhere established how and where the switching had taken place since, admittedly, right from day one, the goods were at the godown of the CFS, the accessibility of which may not be that easy.

ITAT condones Delay in Appeal filing due to Death of Counsel

July 30, 2022 519 Views 0 comment Print

ITAT condones Delay in Appeal filing as appellant could not file appeal within time stipulated due to  death of his counsel

Ocean freight not subject to Service Tax under Business Auxiliary Services

July 10, 2022 1446 Views 0 comment Print

CESTAT set aside order of Revenue Department demanding service tax on Ocean Freight Charges under Business Support Services.

Arbitrary valuation of goods not subjected to BIS specifications is invalid

July 10, 2022 885 Views 0 comment Print

CESTAT held that the revaluation of the goods which are not subjected to BIS specifications was made in arbitrary manner and was not adhere to the principles of natural justice.

Service Tax paid under RCM liable for refund on cancellation of contract

July 2, 2022 1290 Views 0 comment Print

Lifecell International Pvt. Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) The appellant then sought for refund of the service tax paid by them to the tune of Rs.11,60,968/- on the ground that no services were provided by the German company to them and that the amount having been refunded to them, they […]

Pre-GST unutilized Credit of Education Cess, SHEC and KKC eligible to be refunded

June 30, 2022 4962 Views 0 comment Print

CESTAT set aside the impugned order pertaining to the rejection of refund of unutilized cenvat credit of Education Cess, SHEC and KKC

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