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CESTAT Delhi

Anti-dumping duty not payable on import of Aluminium Alloy Coils

March 1, 2023 2163 Views 0 comment Print

CESTAT Delhi held that as the goods is question are Aluminium Alloy Coils are exempted from the Anti-Dumping Duty as per clause (vii) of notification no. 23/2017-Cus (ADD) dated 16.05.2017

Service of collection of toll fee on behalf of NHAI not covered under service tax

February 28, 2023 2718 Views 0 comment Print

CESTAT Delhi held that service of collection of Toll (user) fee on behalf of National Highway Authority of India (NHAI) not covered under service tax for the period prior to introduction of negative list regime.

One-to-one co-relation not required for taking Cenvat credit under rule 3 of CCR, 2004

February 27, 2023 654 Views 0 comment Print

CESTAT Delhi held that one to one co-relation is not required for taking Cenvat credit under Rule 3 of CCR. Once credit have been rightly taken, there is no restriction in use of such credit for payment of either central excise duty or service tax or any other specified tax liability.

Conditions for claiming benefit of exemption notification no. 52/2003 are to be strictly interpreted

February 25, 2023 1149 Views 0 comment Print

CESTAT Delhi held that benefit of the exemption Notification No. 52-2003 is available subject to some conditions, the same is to be strictly interpreted.

Cenvat credit not deniable as services settled to be eligible input service

February 24, 2023 1869 Views 0 comment Print

CESTAT Delhi held that once the services in question have already been settled to be the eligible input services, the Cenvat credit thereof cannot be denied to the assessee.

Revocation of customs broker licence justified on failure to verify correctness of documents

February 24, 2023 1461 Views 0 comment Print

CESTAT Delhi held that Customs Broker failed to verify the correctness of the documents, violated the obligation as a custom broker under CBLR, 2013, accordingly, revocation of licence and forfeiture of security deposit justified.

No excise duty chargeable on scrap of pipes generated during repair/ maintenance of pipes

February 23, 2023 654 Views 0 comment Print

CESTAT Delhi held that pipes, used in manufacture- production of oil needs repair- replacement, are capital goods. Hence, no excise duty can be charged on the scrap of the pipes produced- generated during the repair or maintenance of the pipes.

Portable Solar Home Electric Light – HANS 300 & HANS 150 are solar power based device

February 22, 2023 582 Views 0 comment Print

JMK Energy Vs Commissioner of Customs (CESTAT Delhi) CESTAT Delhi held that simply because there are four other alternative means through which Portable Solar Home Electric Light – HANS 300 and HANS 150 can be charged, it doesn’t mean that they are not solar power based devices. Facts- M/s JMK Energy, New Delhi filed this […]

Goods imported in violation of ITC(HS) Import policy and also undervalued are liable to confiscation

February 22, 2023 1464 Views 0 comment Print

CESTAT Delhi held that imported goods are liable to confiscation under section 111 of the Customs Act as restricted goods are imported in violation of the provisions of ITC(HS) Import Policy and the goods were not correctly valued.

No Service Tax can be levied on take-away/parcel food from restaurants

February 21, 2023 3462 Views 0 comment Print

HC Held that, no Service Tax can be levied on the activity of take-away of food items as it would amount to sale of goods wherein, element of service such as dining facility, washing area and clearing of the tables are not involved.

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