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CESTAT Delhi

General principles of strict interpretation of exemption notification not apply to SEZ units

April 13, 2023 765 Views 0 comment Print

Lupin Limited Vs Commissioner of Central Goods & Service Tax & Central Excise (CESTAT Delhi) CESTAT Delhi held that general principles of interpretation of the exemption notification that it has to be construed strictly shall not really apply to the SEZ units which are otherwise exempted from the liability of the various duties under the […]

Confiscation of jewellery unsustainable as no evidence established that it is smuggled

April 11, 2023 1383 Views 0 comment Print

CESTAT Delhi held that jewellery is not liable to confiscation in the absence of any evidence that it is smuggled or it has been made by converting smuggled gold.

Extended period of limitation not invocable as department being fully aware of issue

April 7, 2023 3381 Views 0 comment Print

CESTAT Delhi held that invocation of extended period of limitation unsustainable as several rounds of audit was conducted and show cause notice for previous period on the same issued was already issued. Hence, department was fully aware of the issue in the question.

Order of higher appellate authority should be followed unreservedly by subordinate authorities

April 7, 2023 3162 Views 0 comment Print

Commissioner of Customs (Import) Vs Siya Paper Mart Pvt. Ltd. (CESTAT Delhi) CESTAT Delhi held that the principles of judicial discipline require that the orders of the higher appellate authorities should be followed unreservedly by the subordinate authorities. Facts- Notification no. 102/2007-Cus dated 14.09.2007 has been issued to provide for refund of the SAD if […]

Health care services by clinical establishments by engaging consultant doctors is exempted from service tax

April 7, 2023 1860 Views 0 comment Print

CESTAT Delhi held that the health care services are provided by the clinical establishments by engaging consultant doctors is exempted from service tax and cannot be taxed as business support service.

Manual breast pump classifiable under CTH 39269090

April 5, 2023 1218 Views 0 comment Print

CESTAT Delhi held that manual breast pump has nothing to do with any medical or surgical procedures nor is it used by any medical practitioner hence the same is classifiable under CTH 39269090.

Subsidy under Rajasthan Investment Promotion Policy-2003 not includible in transaction value for levy of excise duty

April 3, 2023 480 Views 0 comment Print

CESTAT Delhi held that the subsidy amount received under Rajasthan Investment Promotion Policy-2003 using VAT-37B challan cannot be included in the transaction value for the purpose of levy of central excise duty under section 4 of the Excise Act.

Limitation period is to be calculated from date of amendment when Bill of Entry is amended

April 3, 2023 2385 Views 0 comment Print

CESTAT Delhi held that in case of amendment in Bill of Entry, period of limitation should be counted from the date of amendment and not from the date of assessment of Bill of Entry.

Time limit for issuance of notification imposing anti-dumping duty extended by section 6 of the 2020 Act

April 3, 2023 1332 Views 0 comment Print

CESTAT Delhi held that provisions of section 6 of the Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (the 2020 Act) extends the time limit specified in the Tariff Act for issuance of the notification imposing anti-dumping duty.

Exemption under 30/2004-CE not available if new conditions under notification not satisfied

April 3, 2023 630 Views 0 comment Print

CESTAT Delhi held that exemption benefit of Central Excise Notification No. 30/2004-CE dated 9.7.2004 not available as new conditions amended vide Notification No. 34/2015-CE dated 17.7.2015 not satisfied.

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