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CESTAT Delhi

If a new & distinct commodity known to Market is produced, the process amounts to manufacture

April 28, 2023 639 Views 0 comment Print

Manufacture requires that a new distinct marketable goods should be produced.So long as a new and distinct commodity known to the market is produced, the process amounts to manufacture and not otherwise. 

No service tax on liquidated damages for breach of any contract terms

April 28, 2023 978 Views 0 comment Print

No service tax can be levied on the amount collected towards liquidated damages or penalty for breach of any of the terms of the contract.

Maintenance of pipelines is taxable under ‘Management, Maintenance & Repair’ services

April 27, 2023 843 Views 0 comment Print

CESTAT Delhi held that maintenance of pipelines are not exempted under any notification or provision or circular. Accordingly, the same is taxable under the category of ‘management, maintenance and repair’ services.

DEPB license obtained based on fabricated documents – Penalty upheld

April 26, 2023 639 Views 0 comment Print

DEPB licences sold by the appellant were based on fabricated documents showing export of goods to Bangladesh through Land Customs Station

Classification of service cannot be disturbed or challenged at the end of service recipient

April 24, 2023 1263 Views 0 comment Print

Credit availed by an assessee cannot be denied or varied on the ground that the classification of service should have been made in a different category by the provider of service.

Customs broker cannot allow its licence to be used by someone else

April 24, 2023 1203 Views 0 comment Print

CESTAT Delhi held that customs broker cannot allow its licence to be used by someone else impersonating it. Accordingly, revocation of customs licence, forfeiture of security deposit and imposition of penalty justified.

Extended period cannot be invoked as appellant is government company

April 22, 2023 1260 Views 0 comment Print

CESTAT Delhi held that when a government company is involved there will be a rebuttable presumption regarding non­existence of any of the ingredients mentioned in the proviso to section 73(1) of the Finance Act. Accordingly, extended period of limitation couldn’t be invoked.

Provisions of rule 6 of CCR doesn’t apply as electricity is not excisable goods

April 22, 2023 888 Views 0 comment Print

CESTAT Delhi held that as electricity is not excisable goods under section 2(d) of the Central Excise Act, 1944 hence rule 6 of the Cenvat Credit Rules (CCR) would not be applicable.

Anti-dumping duty is leviable based on commercial supply of item in the domestic industry

April 22, 2023 717 Views 0 comment Print

CESTAT Delhi held that Clad with compatible non-clad aluminium foil didn’t had any commercial supplies in the domestic industry during the period of investigation and hence anti-dumping duty on the same is not leviable.

Anti-dumping duty not leviable on colour coated coil in absence of domestic industry manufacturing it

April 20, 2023 852 Views 0 comment Print

CESTAT Delhi held that as domestic industry doesn’t manufacture/produce colour coated coil, anti-dumping duty cannot be imposed on the same.

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