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CESTAT Delhi

Service Tax exempt on Commission Earned from Services to Foreign Entities

August 6, 2023 1719 Views 0 comment Print

CESTAT Delhi held that commission earned on services provided to foreign entity for products sold in India is ‘export of service’ and accordingly exempt from service tax.

CENVAT Credit Allowed for Erection & Commissioning Services of Spray Drying Plant

August 6, 2023 309 Views 0 comment Print

CESTAT rules in favor of Shivani Detergent Pvt. Ltd., upholding the CENVAT credit for erection & commissioning of a spray drying plant as ‘input service’.

Universal Joints Parts for Transmission Shaft falls under Heading 84836090

August 4, 2023 768 Views 0 comment Print

CESTAT Delhi held that Universal Joints Parts to be used in transmission shaft, are more specifically covered under sub heading 8483 60 90 and not under heading 8708.

Service Tax Inapplicable on Liquidated Damages

August 4, 2023 1233 Views 0 comment Print

Review and analysis of the CESTAT Delhi’s ruling in Steel Authority of India Ltd. Vs Principal Commissioner regarding tax on contractual penalties.

Unsustainable Penalty u/s. 112 and 114AA without Knowledge of Prohibited Goods Import

July 30, 2023 2004 Views 0 comment Print

CESTAT Delhi held that penalty u/s. 112 and 114AA of the Customs Act not leviable in absence of any knowledge of goods of prohibited nature being imported.

CESTAT Upholds Penalty for Mis-declared Quantity of Imported LED Lights

July 28, 2023 627 Views 0 comment Print

CESTAT Delhi upholds penalty imposed under section 114AA of the Customs Act on M/s Surendra Electricals for mis-declaration of the quantity of LED lights in the bill of entry.

Interest Granted to Petitioner for Illegally Delayed Refund by Adjudicating Authority

July 28, 2023 390 Views 0 comment Print

In the case of Rajasthan Syntex Limited vs. Commissioner (CESTAT Delhi), the issue revolves around whether the appellant is entitled to interest for the intervening period when the rebate claim, which was retained by the Adjudicating Authority illegally, was ultimately sanctioned.

Tax discharged by service recipient cannot again be demanded from service provider

July 26, 2023 1143 Views 0 comment Print

Explore the CESTAT Delhi judgment on Aadarsh Sri Sai Manpower Solution vs Commissioner, addressing service tax liability discharge, penalties, and key legal insights.

Excess Baggage Charges Taxable as Air passenger transport: CESTAT Delhi

July 25, 2023 627 Views 0 comment Print

CESTAT Delhi held that the collection of excess baggage charges would be leviable to service tax under the category of transport of passengers by air and not under transportation of cargo by air.

Earphones are not part of mobile phones- CESTAT Allows Customs Duty Exemption

July 25, 2023 1080 Views 0 comment Print

In a recent case, CESTAT Delhi ruled that imported earphones are not considered parts of cellular mobile phones and qualify as accessories, allowing them customs duty exemption.

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