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CESTAT Chennai

Service Tax Liability of Sub-Contractor not cease on tax payment by main contractor

May 4, 2023 1536 Views 0 comment Print

CESTAT held that Service Tax liability of a sub-contractor would never cease, even when the main contractor remits Service Tax.

Service Tax is not payable on liquidated damages

May 3, 2023 2562 Views 0 comment Print

CESTAT Chennai held that amount received in the form of penalty amount, forfeiture of earnest money deposit and liquidated damages is not leviable to service tax.

Extended period of limitation not invocable as non-payment of tax was due to bonafide belief

April 28, 2023 903 Views 0 comment Print

CESTAT Chennai held that non-payment of service tax under GTA by assessee (Co-operative Society) was due to bonafide belief and there was no deliberate intention for not paying tax. Accordingly, extended period of limitation not invocable.

CVD Exemption cannot be denied based on Impossible Condition in notification

April 28, 2023 1461 Views 0 comment Print

Benefit of CVD exemption under Notification No.30/2004-CE dated 09.07.2004 cannot be denied if condition is such that it is practically impossible to satisfy condition.

Customs Broker Licence cannot be revoked for relying on data available on Govt websites

April 28, 2023 555 Views 0 comment Print

ARS International Vs Commissioner of Customs (CESTAT Chennai) Brief facts of the case are that the appellant is a holder of Customs Broker license issued by Commissioner of Customs, Tuticorin and is also transacting business at Bengaluru, Chennai, Mumbai and New Delhi. As per the investigation report dated 23.7.2020, a specific intelligence was received by […]

In absence of foreign marking and cogent evidence, onus is on department to prove that gold is smuggled

April 27, 2023 1758 Views 0 comment Print

CESTAT Chennai held that in absence of foreign marking and any other cogent evidence, onus is on department to prove that the smuggled nature of the goods.

Goods cleared in DTA need not be identical to goods exported for claiming benefit of notification no. 23/2003

April 27, 2023 879 Views 0 comment Print

CESTAT Chennai held the benefit of notification no. 23/2003-CE dated 31.03.2003 allowable to tipper body as it is not necessary that the goods cleared into DTA have to be identical to the goods exported by the EOU.

Service of unloading, transportation and stacking of coal not classifiable as ‘manpower recruitment or supply agency’

April 27, 2023 849 Views 0 comment Print

CESTAT Chennai held that service of unloading, transportation and stacking of coal from railway wagons to coal yard cannot be classified under the category of ‘manpower recruitment or supply agency’ service.

CVD Refund – unjust enrichment-CA certificate sufficient to allow refund

April 27, 2023 4914 Views 0 comment Print

Commissioner of Customs (Exports) Vs LG Electronics India Pvt. Ltd. (CESTAT Chennai) As regards the issue of unjust enrichment, CESTAT find that the appeal has stated that the procedure to be adopted for refund of 4% additional duty of customs is given in Board Circular No. 6/2008- Customs (F. No. 401/104/2007-Cus.III) dated 28.4.2008 and Customs […]

Cenvat Credit eligible to Manufacturer on Scrap imported, Sold & Repurchased

April 27, 2023 723 Views 0 comment Print

Appellants are not the manufacturer of Aluminium scrap and they have only imported the scrap for manufacture of Aluminium ingots.

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