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CESTAT Chennai

CENVAT Credit on transportation from the place of removal upto the buyers’ premises / dealers for period upto 31.03.2008 is eligible

June 16, 2022 654 Views 0 comment Print

India Cements Ltd. Vs Commissioner of GST & Central Excise  (CESTAT Chennai) CESTAT held that that the credit on outward transportation from the place of removal upto the buyers’ premises / dealers for period upto 31.03.2008 is eligible. FULL TEXT OF THE CESTAT CHENNAI ORDER The above matters have come up for hearing as per […]

Penalty u/s 112(a) reduced for import of counterfeit goods

June 15, 2022 1590 Views 0 comment Print

Sun Sea Shipping Agency Vs The Commissioner of Customs (CESTAT Chennai) The goods are counterfeit and have been confiscated. However, penalty u/s 112(a) being on higher side is reduced Facts- The assessee filed a Bill of Entry dated 22.12.2017 through their Customs Broker M/s. Sun Sea Shipping Agency for the clearance of import consignment in […]

DTA clearance of goods, permitted by DC is similar to exports

May 26, 2022 2952 Views 0 comment Print

When the appellants have been given permission to clear the goods in DTA by the Development Commissioner (DC), the department cannot then vaguely allege that they are not similar goods.

Refund claim not get time barred if filed within time but before wrong forum

May 22, 2022 1950 Views 0 comment Print

Hivelm Industries Vs Commissioner of G.S.T. and Central Excise (CESTAT Chennai) It is not in dispute that the deemed export did not attract any Excise Duty and hence, it is not the duty of the appellant / taxpayer to repeatedly plead before the authorities that the project in which it was involved was a deemed […]

No CENVAT of duty paid for failure to meet export obligations as per Advance Authorization license

May 18, 2022 2229 Views 0 comment Print

Aurobindo Pharma Ltd. Vs Commissioner of Customs (CESTAT Chennai) Brief facts are that the appellant had imported certain goods under Advance Authorization Scheme vide various licenses. As the Advance Authorization expired, the appellants were unable to fulfill their export obligation as stipulated in these licenses. They have paid appropriate duty and interest on the quantity […]

Service Tax not payable on assistance rendered to farmers in auctioning their agricultural produce

May 18, 2022 849 Views 0 comment Print

CESTAT held that the assistance rendered by the appellants to their member farmers in auctioning their agricultural produce does not tantamount to rendering any service classifiable under ‘Auctioneers’ Service’.

Unexplained Gold Bar with Foreign Marking liable for Absolute Confiscation

May 17, 2022 1395 Views 0 comment Print

Gold bar with foreign marking, source of which is not explained, is liable for absolute confiscation since the same would amount to the importation of a prohibited goods.

Pre-deposit refund cannot be denied for payment under excise Duty instead of Service Tax

May 15, 2022 3174 Views 0 comment Print

Department denied refund of Pre-deposit for appeal on the ground that dispute related to service tax whereas pre-deposit was made under Excise Duty.

Value of deemed export is to be included for computing (FOB) value of exports

May 15, 2022 2361 Views 0 comment Print

BAPL Industries Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) The Tribunal in the case of Shree Rohini Enterprises – 2017 (346) ELT 461 (Tri-Ahmd.) held that value of deemed export is to be treated as export sale determined on FOB value of export. The same was confirmed by the Supreme Court reported […]

Absolute confiscation not permissible for gold jewellery carried by an eligible passenger

May 7, 2022 7047 Views 0 comment Print

The appellant falls into the criteria of an eligible passenger. He is thus allowed to import gold jewellery upto 10 kilograms by paying appropriate customs duty. The currencies seized from him are sufficient to pay the customs duty for the gold carried by him.

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