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CESTAT Delhi

Service Tax Exemption Upheld for Machining of Rails in Delhi Metro Project

December 18, 2023 786 Views 0 comment Print

Explore exemption under Entry No. 14 for machining of rails in case of Voestalpine VAE VKN India Pvt. Ltd. vs. Commissioner of Central Excise. Detailed analysis and legal insights.

Re-determination of value resorting to rule 7 of Customs Valuation Rule justified

December 12, 2023 786 Views 0 comment Print

CESTAT Delhi held that re-determination of value resorting to valuation under Rule 7 of the Customs Valuation Rules justified on failure to advance any documents/ invoice to substantiate the value of goods.

Revocation of customs broker license upheld for facilitating fraudulent exports

December 12, 2023 474 Views 0 comment Print

CESTAT Delhi upheld revocation of Customs Broker license on failure to make appropriate enquiries of their client and for facilitating fraudulent highly under-valued exports.

No customs duty demand on import of Antique Finished Rifles without verifying FSL Report

December 12, 2023 441 Views 0 comment Print

Neither the applicability of the legal provisions particularly with reference to the Arms Act and the Rules and various notifications had been considered nor any reasoning had been given with reference thereto, therefore, CESTAT quashed the Customs duty demand on the import of antique finished rifles with a direction to the appellate authority to consider the appeal and decide the same giving proper and substantive reasoning in support thereof.

Smart Watch is classifiable under 8517 6290 and not under 9102 1900

December 7, 2023 1758 Views 0 comment Print

CESTAT Delhi held that G-Watch i.e. Smart Watch is classifiable under 8157 6290 and not under CTH 9102 1900. Accordingly, benefit of entry serial no. 955 of notification no. 15/2009-Cus. dated 31.12.2009 doesn’t apply.

Most appropriate classification of canned pineapple slices is CTH 0804

December 7, 2023 525 Views 0 comment Print

CESTAT Delhi held that the most appropriate classification of canned pineapple slices will be CTH 0804. However, duty demand of extended period set aside as there was confusion in department regarding classification of canned sliced pineapples.

Demand invoking extended period unsustainable without proving willful mis-statement or suppression

December 5, 2023 720 Views 0 comment Print

CESTAT Delhi held that once the goods are cleared for home consumption after examination and assessment, unless there is an evidence to support, demand u/s. 28 invoking extended period of limitation cannot be raised unless there is evidence of collusion or willful mis-statement or suppression of facts are proven.

License Revocation Unjustified: No Evidence of Customs Broker’s Misdeclaration Awareness

December 5, 2023 456 Views 0 comment Print

CESTAT Delhi held that revocation of customs broker license unjustified as there is no evidence that shows that the customs broker was aware about the mis-declaration of weight of pan masala as declared in the shipping bill.

No Violation of Section 11B: CESTAT Upholds Service Tax Refund

November 29, 2023 468 Views 0 comment Print

Read the comprehensive analysis of the CESTAT Delhi order where the Commissioner (Appeals) upholds the service tax refund claim by Mobinteco Ltd. The decision revolves around the non-violation of Section 11B of the Central Excise Act, offering insights into the intricacies of service tax provisions and relevant dates for refund claims. Get a detailed understanding of the case, the arguments presented, and the implications for similar situations.

Service tax not leviable on amount received for loss/damage caused by breach of contract

November 24, 2023 480 Views 0 comment Print

CESTAT Delhi held that any penalty or compensation received for any loss or damage caused by breach or non performance of the terms of the contract is not by way of consideration. Accordingly, service tax is not leviable on the same.

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