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CESTAT Delhi

Duty demand on test production is unsustainable in law

January 19, 2023 732 Views 0 comment Print

CESTAT Delhi held that the appellant had done only test production and hence duty demand on the same is unsustainable in law.

Goods liable for confiscation can be released on payment of redemption fine

January 18, 2023 1347 Views 0 comment Print

CESTAT Delhi held that after adjudication if the goods are held liable for confiscation, they may be released on payment of redemption fine.

Re-import of rejected goods treatable as free import as identity and genuineness of export established

January 18, 2023 9621 Views 0 comment Print

CESTAT Delhi held that as identity and genuine export of CPC (Calcined Petroleum Coke) is duly established, re-import of the rejected goods are to be treated as freely importable under Foreign Trade Policy.

Cenvat Credit cannot be denied merely because zonal offices are situated separately

January 18, 2023 840 Views 0 comment Print

CESTAT Delhi held that as the zonal offices are integral part of the appellant and hence location of the same hardly makes any difference Accordingly Cenvat Credit allowed in respect of input services availed by zonal offices allowed.

Service tax in case of clinical establishment providing health care services is exempted

January 18, 2023 1125 Views 0 comment Print

CESTAT Delhi held that a clinical establishment providing health care services are exempted from service tax. Accordingly, part of consideration received from such health care services from the patient is also not taxable under Business Support Service.

Penalty not imposable for Non-obtainment of NOC from Drug Inspector for free to export Drugs

January 18, 2023 1149 Views 0 comment Print

It is evident that there was no requirement of NOC from the Drug Controller in respect of export consignment vide Shipping Bill No. 7099329 dt. 16.04.20 16 filed by the appellant for export of drugs to Liberia.

MEIS claimed on goods of foreign origin – CESTAT reduces Redemption fine & Penalty

January 18, 2023 435 Views 0 comment Print

Cipra Enterprises Vs Commissioner Of Customs- (Export) (CESTAT Delhi) Learned Commissioner (Appeals) observed that it is not in dispute that the goods are not of Indian origin and hence, the appellant was not entitled to claim the benefit of MEIS. Thus, the goods were found to be mis-declared as the appellant had declared the goods […]

Revocation of customs broker license unreasonable in absence of violation of Regulation 10(a), 10(d) & 10(n)

January 17, 2023 1593 Views 0 comment Print

CESTAT Delhi held that order of revoking the license of the Customs Broker is unreasonable and unjustified as there was no violation of Regulation 10(a), 10(d) and 10(n) of Customs Broker Licensing Regulations, 2018.

Modification of ‘Product under Consideration’ to ‘Saturated Fatty Alcohol’ allowed

January 16, 2023 684 Views 0 comment Print

CESTAT Delhi with regard to anti-dumping duty on imports provided the relief of modification of the ‘product under consideration’ to ‘Saturated Fatty Alcohol with a carbon chain length of C12, C14, C16 and C18.

Commissioner (A) not empowered to issue notice u/s 73(1) of the Finance Act

January 16, 2023 2331 Views 0 comment Print

CESTAT Delhi held that Commissioner (Appeals) did not have the power to issue the notice under section 73(1) of the Finance Act. Accordingly, order passed thereon deserved to be set aside.

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