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CESTAT Chennai

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

March 24, 2021 369 Views 0 comment Print

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 […]

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

March 22, 2021 3267 Views 0 comment Print

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 […]

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

February 24, 2021 852 Views 0 comment Print

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 carved out of MRSA.

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

January 13, 2021 1368 Views 0 comment Print

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 IDs […]

Related person influence evidence required before review of declared price

January 12, 2021 660 Views 0 comment Print

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 […]

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

December 4, 2020 2691 Views 0 comment Print

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 correctly represent […]

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

November 3, 2020 1260 Views 0 comment Print

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?

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

September 13, 2020 2031 Views 0 comment Print

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 […]

Service Tax Refund rejection based on Principles of Unjust Enrichment justified

September 8, 2020 3171 Views 0 comment Print

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

No Service on Transfer of goods by hiring vessel

July 3, 2020 1545 Views 0 comment Print

The issue under consideration is whether the transfer of goods is by way of hiring the charter vessel is taxable under  Service Tax as declared service?

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