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CESTAT Delhi

Service tax not leviable on services rendered by club to its members

May 27, 2022 2202 Views 2 comments Print

The law laid down in Calcutta Club is that a club and its members are one and the same and the club is formed for the purpose for mutual benefit of its members. Therefore, any amount paid by the members to the club and the services rendered by the club to its members are self service and cannot be taxed.

Services rendered by club to its members is self-service not taxable under service tax

May 26, 2022 2739 Views 0 comment Print

The law laid down in Calcutta Club is that a club and its members are one and the same and the club is formed for the purpose for mutual benefit of its members.

Revocation of courier licence justified on breaching legal framework of Customs Act

May 26, 2022 1455 Views 0 comment Print

The Government has been simplifying the law and procedure relating to imports through courier from time to time. Accordingly, lot of trust and reliance has been placed on the courier agencies. A very clear procedure has been put in place by way of Courier Regulations to stream line the imports through Courier mode.

No Penalty for Clandestine removal in absence of cogent evidence

May 22, 2022 5982 Views 0 comment Print

Charge of clandestine removal and duty evasion was a serious charge having civil consequences upon the assessee. Such charge could not be confirmed unless there was sufficient corroborative evidence which lead to the inevitable conclusion of clandestine removal and only on the basis of third party evidence the charge of clandestine removal was not sustainable.

Exemption cannot be denied once granted by the competent Revenue Authority on components required for solar power generation

May 21, 2022 1176 Views 0 comment Print

KEC International Limited Vs Commissioner of Central Excise Central Goods & Service Tax (Appeals) (CESTAT Delhi) The CESTAT, New Delhi in M/s. KEC International Limited v. Commissioner of Central Excise and Central Goods & Service Tax (Appeals) [Excise Appeal No. 52907 of 2019 dated May 10, 2022] set aside the order passed by the Revenue […]

CHA Not Responsible For export of prohibited goods If No Reason to Doubt Malpractice

May 14, 2022 1092 Views 0 comment Print

Ramvir Singh Vs Commissioner of Customs (CESTAT Delhi) CESTAT find that the appellant has received full set of documents through the freight forwarder and there was no reason for him to doubt the genuineness of the exporter. Further, as the goods were factory stuffed and sealed, the appellant – CHA has no reason to doubt […]

Activity of repacking amounts to manufacture

May 13, 2022 5244 Views 0 comment Print

Vaibhav Global Ltd. Vs Commissioner of Customs (CESTAT Delhi) This Tribunal in the case of CCE vs Western Electronics reported as 2000 (116) ELT 181 (Tri) while relying upon the similar circular as mentioned above has held that packing of the goods into different packs amounts to manufacture and while exporting such goods, the activity […]

CESTAT directs refund of Anti-Dumping Duty Paid After Validity of Notification

May 8, 2022 594 Views 0 comment Print

Abhilasha Impex Pvt. Limited Vs Commissioner of Customs (CESTAT Delhi) Admittedly the Anti Dumping notification was valid till 24.06.2015 and the same have admittedly lapsed w.e.f. 25.06.2015, and as such no anti dumping duty was payable by the appellant with respect to the Bill of Entry filed on 26.06.2015. Accordingly, I allow this appeal and […]

Cenvat Credit cannot be denied merely for Clerical/typographical error

May 8, 2022 1929 Views 0 comment Print

Hindustan Zinc Ltd. Vs Commissioner (Appeals), Central Excise & Central Goods And Service Tax (CESTAT Delhi) The issue to be adjudicated herein is as to whether the Cenvat Credit availed of Service Tax paid is liable to be denied being availed on the following grounds:– (i) Performa invoices (ii) Invoices issued in the name of […]

Section 11 can be invoked only when demand proposed to be adjusted reached finality

May 1, 2022 474 Views 0 comment Print

RSWM Ltd. Vs Commissioner of Central Goods and Service Tax, Excise and Customs (CESTAT Delhi) Admittedly, the dispute with regard to rebate totalling Rs.59,16,907 was sub judice before the Hon’ble Rajasthan High Court on the date of adjustment vide orders-in-original dated 28.01.2013. The said order is patently illegal and in violation of the instructions of […]

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