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CESTAT Delhi

Customs broker facilitating export of prohibited items liable for penal action

September 20, 2023 501 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 624 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 369 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 678 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 378 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 1647 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 186 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.

Order passed without assigning any reasons is non-speaking order

August 26, 2023 5454 Views 0 comment Print

CESTAT Delhi held that order passed without assigning any reasons is non-speaking order and, accordingly, the same is bad-in-law and is liable to be set aside.

Demand of extended period set aside due to confusion regarding scope of tour operator service

August 24, 2023 591 Views 0 comment Print

CESTAT Delhi held that definition of tour operator has been amended from time to time since it was brought into the service tax net. Accordingly, on account of confusion with regard to scope of tour operator service, demand of only normal time period sustained and demand of extended time period set aside.

CESTAT clarifies Limitation period & Assessee & Officer Roles in ST 3 Return Scrutiny

August 23, 2023 4494 Views 0 comment Print

Once the ST-3 returns are filed, onus lies on Central Excise Officer to meticulously review them. Should there be any discrepancies, the officer must conduct a best judgment assessment under Section 72 and initiate an SCN under Section 73 within the stipulated timeframe. If the officer overlooks any aspect leading to a tax oversight, it’s the officer who bears the responsibility, not the appellant.

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