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CESTAT Chennai

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

January 13, 2021 1389 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 690 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 2877 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 1311 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 2058 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 3306 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 1656 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?

No Service Tax on Loan Foreclosure charges collected by banks & NBFCs- CESTAT Larger Bench

June 8, 2020 11085 Views 0 comment Print

Foreclosure charges collected by the banks and non banking financial companies on premature termination of loans are not leviable to service tax under ‘banking and other financial services’ as defined under section 65 (12) of the Finance Act

In absence of ‘intent to conceal’ cannot be construed as smuggled: CESTAT

June 8, 2020 2316 Views 0 comment Print

CESTAT directs Customs Authorities to return confiscated gold to Foreign National- lack of evidence and flimsy investigation by the authorities. Held that in the absence of ‘intent to conceal’ cannot be construed as smuggled.

Refund of input Cenvat credit cannot be denied for mere non-registration of premises

February 20, 2020 3306 Views 0 comment Print

High Court of Judicature at Madras has held that the refund of input Cenvat credit cannot be denied just because premises was unregistered, in the case of Commissioner of GST & Central Excise, Chennai Vs. BNP Paribas Sundaram Global Securities, in CMA No. 57 of 2018 dated 18.01.2018. Therefore, the denial of refund for the reasons of a premises being un­registered cannot sustain and the same is set aside.

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