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CESTAT Delhi

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

July 30, 2023 2583 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 687 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 438 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 1410 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 825 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 1257 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.

Service tax not leviable on income earned via buying and selling space on ships

July 24, 2023 1212 Views 0 comment Print

CESTAT Delhi held that buying and selling space on ships does not amount to rendering a service and any profit or income earned through such transactions would not be leviable to service tax.

Goods brought in factory premises without proper invoice establishes clandestine removal of goods

July 22, 2023 384 Views 0 comment Print

Held that the goods were brought in the factory premises without having proper invoices/documents with intent to clear them clandestinely. Accordingly, confiscation and the redemption fine as well as the penalty imposed u/s. 11 AC of Central Excise Act read with Rule 25 of Central Excise Rules, 2002 is absolutely justified.

Imposition of service tax on composite works contract prior to 1st July 2007 is untenable

July 19, 2023 795 Views 0 comment Print

CESTAT Delhi held that imposition of service tax on composite works contract prior to 1st July 2007 i.e. prior to introduction of works contract service is unjustified and untenable in law.

Cenvat of capital goods received in factory and used in manufacture of dutiable final product duly eligible

July 19, 2023 1074 Views 0 comment Print

CESTAT Delhi held that Cenvat Credit in respect of capital goods parts/spares/components received in the factory of the manufacturer and used in manufacture of dutiable final product is duly eligible.

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