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CESTAT Delhi

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

April 3, 2023 639 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.

Mere suspicion in import/export cannot be ground to suspend license of Customs Broker

April 1, 2023 894 Views 0 comment Print

CESTAT Delhi held that simply because a suspicion has arisen in a particular case it is not sufficient ground to suspend the licence of the customs broker who handled such imports/exports.

SCN cannot be issued on the basis of mere Suspicion

March 29, 2023 912 Views 0 comment Print

Shree Rishabhdev Marble and Minerals Private Limited Vs Commissioner of Customs (Preventive) (CESTAT Delhi) CESTAT find that the present proceedings before this Court emanate from a letter dated 6.1.2020 which cannot be treated as a proper show cause notice. No reason or evidence to support the allegation has been brought on record by the respondent […]

Service charges for pre-payment of loan amount not chargeable to service tax

March 27, 2023 1359 Views 0 comment Print

CESTAT Delhi held that service charges for pre-payment or foreclosure of loan amount by the customer cannot be treated as taxable service and is not chargeable to service tax.

Service Tax Audit report cannot be regarded as an order of determination

March 24, 2023 927 Views 0 comment Print

CESTAT Delhi held that an audit report cannot be regarded as an order of determination under Voluntary Compliance Encouragement Scheme. Accordingly, audit report is akin to an order of determination under the relevant sections of the Scheme.

Simultaneous classification of services under two heads and demanding service tax thereon is unjustified

March 20, 2023 1353 Views 0 comment Print

CESTAT Delhi held that once the department has accepted that the services of appellant is classified under ‘mining services’, it cannot, simultaneously, classify the same under ‘Technical Testing and Analysis’ and demand service tax thereon.

Unjust enrichment not attracted to deposit during investigation or to pre-deposit for appeal

March 13, 2023 1701 Views 0 comment Print

Apex Court held that unjust enrichment not attracted where amount is deposited during investigation and pendency of appeal, as such deposits are under protest or in the nature of pre-deposit.

Services of advertisement in print-media is exempt from service tax u/s 66D(g)

March 11, 2023 5292 Views 0 comment Print

CESTAT Delhi held that services of advertisement in print-media is exempt in terms of negative list of services under section 66D(g) of the Finance Act, 1994. Accordingly, service tax not leviable on the services of advertisement in print-media.

Builder entitled to service tax credit/refund on cancellation of bookings

March 8, 2023 1488 Views 0 comment Print

Ratnawat Infra Construction Company LLP Vs Commissioner, Central Excise & CGST (CESTAT Delhi) Situation which arises in this particular type of business of developing real estate, the CBIC have considered and have clarified that the developer/builder is entitled to service tax credit on cancellation of bookings, wherein the builder have refunded the amount of booking […]

Manual plastic scrap segregation from rest of scrap not amounts to manufacture or production

March 6, 2023 819 Views 0 comment Print

CESTAT Delhi held that mere manual segregation of plastic scrap from the rest of the scrap is neither manufacturing nor producing the plastic scrap and hence no central excise duty is chargeable on removal of the same.

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