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CESTAT Delhi

Job-worker liable to discharge duty in absence of undertaking under notification no. 83/94-CE

May 30, 2023 798 Views 0 comment Print

CESTAT Delhi held that unless there is an undertaking by the principal manufacturer that they would discharge the duty liability (notification no. 83/94-CE), the job worker is liable to discharge duty on the clearances from the premises of job worker.

EPFO not liable to pay service tax on statutory activities performed in terms of EPM & MP Act, 1952

May 29, 2023 642 Views 0 comment Print

CESTAT Delhi held that Employees Provident Fund Organization (EPFO) is not liable to pay service tax on their statutory activities performed in terms of ‘The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952’ (EPM & MP Act, 1952).

Imposition of penalty unjustified as no evidence proved involvement of CHA in alleged mis-declaration

May 25, 2023 963 Views 0 comment Print

Delve into the CESTAT Delhi ruling in Shri Satyender Singh Vs Commissioner of Customs case, analyzing penalties imposed without evidence of mens rea for mis-declaration in consignments.

Hostel and education service are naturally bundled and education service gives essential character to such bundle

May 24, 2023 1362 Views 0 comment Print

CESTAT Delhi held that the hostel service and education services are naturally bundled in the ordinary course of business and it is the education service that gives the essential character to such bundle. Accordingly, hostel service is not subjected to levy of service tax.

Service tax not payable on value of reimbursement of expenditure

May 18, 2023 1755 Views 0 comment Print

CESTAT Delhi held that value of reimbursement of expenditure is not includible in the value of taxable service and accordingly, service tax is not payable on the same.

CHA cannot be expected to detect fraudulent exporter as bank officials despite verification failed to detect it

May 17, 2023 1137 Views 0 comment Print

CESTAT Delhi held that if the Bank officials despite verification are not able to detect the fraudulent nature of the documents, how can one expect from CHA who is not even a public official to unearth the dubious plan of the exporter.

Extended period of limitation cannot be invoked if issue on merit decided in favour of Assessee

May 16, 2023 1791 Views 0 comment Print

Facts regarding non payment of duty by the appellant or in other words the amount retained of sales tax collected from the customer, came to the notice of the Department only through the audit of the records conducted by the Audit Officer.

Time bar not apply to refund of duty paid by mistake

May 16, 2023 1281 Views 0 comment Print

Discover how CESTAT Delhi’s ruling favored Pine Laminates Pvt. Limited, allowing their refund claim under section 11B of the Central Excise Act, 1944, challenging rejection based on time limitation.

Conditions for seeking exemption for GTA satisfied hence denial of exemption for procedural lapse unjustified

May 16, 2023 501 Views 0 comment Print

CESTAT Delhi held that exemption notification should be interpreted strictly. However, once the primary conditions for seeking exemption for GTA are satisfied, exemption cannot be denied for mere procedural lapse.

Immunity by Settlement Commission to main noticee is also available to co-noticees

May 16, 2023 669 Views 0 comment Print

CESTAT Delhi held that immunity granted by the Settlement Commission to the main noticee is also available to the co-noticees. Accordingly, the impugned order is bad in law.

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