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CESTAT Delhi

Section 35FF provide interest from date of deposit till the date of refund

September 5, 2022 2301 Views 0 comment Print

Nakoda Ispat Ltd. Vs Commissioner of Customs (CESTAT Delhi) Division Bench of this Tribunal in Parle Agro Limited, wherein the amount was deposited during the stage of investigation/audit, this Tribunal have held that on being successful in appeal, interest is allowable under Section 35FF from the date of deposit till the date of refund. Further, […]

No penalty on clearing agent for mere introducing actual importer with IEC holder

September 5, 2022 750 Views 0 comment Print

Girish Kumar Singh Vs Commissioner of Customs (CESTAT Delhi) On facts, the role of appellant was only to arrange meeting between Devi Das and Habib-uz-Zaman and the appellant neither filed the bill of entry or was involved in clearance of goods. Any action on the part of appellant much before the import of goods could […]

No Duty Exemption if Slum Sale Agreement made only to extend benefit of Exemption beyond 10 years

September 5, 2022 540 Views 0 comment Print

Pegasus Pharmaco India Pvt Ltd. Vs Commissioner Central Goods & Service Tax (CESTAT Delhi) a) Balaji has not commenced commercial production prior to the cut-off date of 31.3.2010 even though a single invoice was issued and therefore, it was not entitled to the benefit of the exemption notification nor has it claimed it until a […]

Duty demand based on assumption and presumption not permissible

September 2, 2022 3918 Views 0 comment Print

Held that duty demand, alleging clandestine manufacture and clearance of chewing tobacco, on the basis of assumption and presumption is not permissible

CESTAT disallowed Interest on Refund of Amount towards Pre-deposit

September 2, 2022 1548 Views 0 comment Print

Interest on delayed refund of amount would continue to be governed by the unamended provisions of section 35FF as the amended provisions of section 35F would not apply if stay applications and appeals were pending before the Tribunal prior to 06.08.2014.

Deduction of Discount from transaction value – CESTAT allows provisional assessment

September 1, 2022 441 Views 0 comment Print

Whether, on finalization of provisional assessment, the Respondent was entitled to deduction of discounts known at the time of clearance of goods from the depot but quantified later on and Whether request for provisional assessment has rightly been rejected?

Undue export benefit allegation based on corroborated statements not sustainable

August 22, 2022 900 Views 0 comment Print

Allegation of undue export benefit relying heavily on the statement which was not supported by any corroborative evidence cannot be sustained.

Mismatch in Form 26AS & ST-3: No short payment if service tax was paid in next financial year

August 20, 2022 1167 Views 0 comment Print

CESTAT held that there is no case of short payment of service tax as the appellant has paid the service tax in the next financial year.

Refund Claim debit against Credit before Adjudication is Sufficient Compliance

August 20, 2022 591 Views 0 comment Print

CESTAT held that debit of amount of refund claim in cenvat credit account suo moto before adjudication, is sufficient compliance of Condition No. 2(h) of Notification No. 27/2012-CE

No service tax on composite works contract services before 1.6.2007

August 14, 2022 1122 Views 0 comment Print

No service tax on composite works contract services of supply of goods/deemed supply of goods & services under any head before 1.6.2007

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