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CESTAT Delhi

Extended period not invocable as wrong assessment not pointed out during scrutinizing return

September 29, 2023 354 Views 0 comment Print

CESTAT Delhi held that if the audit points out some wrong assessment which was not pointed out by the officer scrutinizing the ER-1 return, the fault lies at the doorstep of the officer. Hence, invocation of extended period of limitation bad-in-law.

CESTAT denies Area-Based Excise Duty Exemption due to Late production Commencement

September 29, 2023 321 Views 0 comment Print

Read the full text of the CESTAT Delhi order on Agarwal Aluminiums vs. Commissioner, where area-based excise duty exemption was denied due to production date.

Imposition of penalty not sustainable as duty demand settled under SVLDR Scheme

September 20, 2023 639 Views 0 comment Print

CESTAT Delhi held that when the demand of duty has been settled under SVLDR Scheme, the imposition of penalty would fail on simple ground that if the appellants had applied under the said scheme, they would have paid ‘nil’ duty.

Customs broker facilitating export of prohibited items liable for penal action

September 20, 2023 438 Views 0 comment Print

CESTAT Delhi held that revocation of customs broker licence and penalty action thereof on customs broker justified as he duly facilitated export of Prohibited items i.e. Gutkha pouches.

Revocation of Customs Broker Licence unjustified without active or passive facilitation in mis-declaration/ undervaluation

September 13, 2023 531 Views 0 comment Print

CESTAT Delhi held that imposition of harsh punishment of revocation of Customs Broker Licence in absence of any active or passive facilitation in mis-declaration and undervaluation of imported goods unjustified.

Cenvat Credit Allowed for SMS Plant Installation Under ‘Modernization, Renovation or Repair’

September 11, 2023 333 Views 0 comment Print

Explore the details of the case Bhagwati Power & Steels Ltd. Vs Commissioner decided by CESTAT Delhi. Understand the verdict on the allowance of Cenvat Credit for installing an SMS Plant under modernization and renovation clauses.

Appellate authority cannot reject refund on a ground not indicated in SCN

September 9, 2023 525 Views 0 comment Print

In the Hindustan Motors Ltd vs. Commissioner of Customs and CESTAT Delhi case, the appellate authority’s power to reject a refund claim based on grounds not indicated in the show cause notice is discussed.

Denial of benefit of VCES based on notice which is time barred is unjustified

September 7, 2023 330 Views 0 comment Print

CESTAT Delhi held that denial of benefit of Voluntary Compliance Encouragement Scheme, 2013 (VCES) based on the show cause notice which is time barred is unjustified.

Restaurants Must Prove No AC for Service Tax Exemption: CESTAT Delhi

September 5, 2023 1362 Views 0 comment Print

Unpacking the CESTAT Delhi ruling on Gurukripa Yuvraj Veg & Non-veg Restaurant regarding service tax exemption based on AC facility. Key takeaways and implications.

CESTAT Upholds Service Tax Demand Due to Unsubstantiated Appellant Claims

August 28, 2023 171 Views 0 comment Print

CESTAT Delhi upheld service tax demand for Manan Infra Development Pvt Ltd. Key insights on ‘Construction of Complex’ service tax evasion and more.

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