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CESTAT Delhi

Service tax refund applied contrary to Section 102(3): CESTAT upholds rejection as time-Barred

June 3, 2025 657 Views 0 comment Print

The assessee’s application, which was filed on 9-2-2017, was rejected by the Assistant Commissioner and later by the Commissioner (Appeals) on the grounds that it was submitted beyond the six-month deadline stipulated under Section 102(3) of the Act.

Suspension of Customs Broker Licence Without Valid Grounds: CESTAT Sets Aside Suspension

June 2, 2025 615 Views 0 comment Print

Delhi CESTAT in the abovementioned matter set-aside order confirming suspension of custom broker license of the appellant and directed that the original license and all the F/G/H cards, if already surrendered to the Customs, shall be returned to the appellant.

CESTAT Upholds Rambagh Palace Cenvat Credit Claim

May 29, 2025 387 Views 0 comment Print

The CESTAT Delhi has ruled in favor of Rambagh Palace Hotel Pvt. Ltd., allowing full Cenvat credit on management consultancy services, citing judicial precedents.

Metal lease charge not in nature of interest is includible in assessable value

May 20, 2025 393 Views 0 comment Print

CESTAT Delhi upheld the inclusion of metal lease charges in assessable value since the same was paid as a condition of sale and not paid in nature of interest. Accordingly, differential duty demand confirmed.

Redetermination of Imported Goods Value Based Solely on Importer’s Admission Not Allowed

May 20, 2025 597 Views 0 comment Print

In the present case, the revenue has merely re-assessed the value on the basis of the statement of Shri Jhunjhunwala, which is not the prescribed requirement for reassessment of the value of the imported goods.

Lack of Evasion Intent: CESTAT Delhi Quashes ₹2 Crore Penalty on Former MD

May 20, 2025 4035 Views 0 comment Print

CESTAT Delhi cancels a ₹2 crore penalty on Rajesh Khosla, former MMTC-Pamp MD, ruling that mere non-disclosure without deliberate intent to evade customs duty is insufficient for Section 112(a)(ii) penalty.

Importer Cannot Claim Non-Involvement in Forged Duty Free Scrips: CESTAT Delhi

May 20, 2025 648 Views 0 comment Print

CESTAT Delhi held that when the Duty Free Scrips are forged, the importer cannot be permitted to take plea that they were not involved in fraud or forgery. Accordingly, appeal dismissed and duty demand confirmed.

Printout from Pen Drive Invalid Without Section 138C Certificate – Customs Act

May 20, 2025 675 Views 0 comment Print

The decisions also hold that if the data is not stored in the computer but officers take out a printout from the hard disk drive by connecting it to the computer, then a certificate under section 36B of the Central Excise Act is mandatory.

No Service Tax on Restaurant Takeaway, Home Delivery: CESTAT Delhi

May 20, 2025 837 Views 0 comment Print

Delhi CESTAT rules ‘Take-Away’ and ‘Home Delivery’ from restaurants are sales, not taxable services. Sets aside demand against Bikanervala Foods. Cites precedents.

Penalty u/s. 112(a) set aside as direct involved of Customs Broker in mis-declaration not established

May 19, 2025 1590 Views 0 comment Print

CESTAT Delhi held that imposition of penalty under section 112(a) of the Customs Act, 1962 not justified since revenue failed to establish direct involved of Customs Broker in mis-declaration of imported goods. Accordingly, appeal allowed and penalty deleted.

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