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CESTAT Delhi

Continuous surveillance of client by customs broker is not mandate under regulation 10(n)

July 4, 2022 2397 Views 0 comment Print

The responsibility of the Customs Broker under Regulation 10(n) does not include keeping a continuous surveillance on the client. Once the verification is done requirement of regulation 10(n) is satisfied.

No penalty on confiscated gold bar in the presence of cogent evidence

July 2, 2022 765 Views 0 comment Print

Appellant had reasonably explained the licit possession of the two gold bars, as received by way of succession under the will of his father however due to unexplained  source of licit acquisition by father of appellant,  penalty under Section 112(a) was reduced to Rs. 50,000/-(Rupees fifty thousand only) and penalty under Section 114AA was set aside.

Services for sports facilities owned by State not chargeable to service tax

July 1, 2022 1224 Views 0 comment Print

Explore the CESTAT Delhi order on Shiv Naresh Sports Pvt. Ltd. service tax dispute. Analysis of sports facility services, commercial construction, and implications. Full text included.

Rule 6(3) of CCR, 2004 not applicable to electricity generated out of waste

June 30, 2022 1389 Views 0 comment Print

Vandana Global Ltd. Vs Commissioner of Central Excise and Service Tax (CESTAT Delhi) Whether for the electricity generated by the appellants for captive consumption, some part whereof has been sold to state electricity body, the appellants are not liable to take the credit on such amount of electricity as has been sold out. It is […]

No Penalty & Confiscation for mere Clerical Error in filling Bill of Entry

June 29, 2022 1455 Views 0 comment Print

Explore the CESTAT Delhi ruling in Ceramic Tableware case against the Commissioner of Customs. Analysis of clerical error, redemption fine, and penalty under Sections 112(a)(ii) and 114AA.

In case of conflict between a contract and law, the Law prevails

June 27, 2022 5241 Views 0 comment Print

Framing laws is the sovereign right of the state and this is not subservient to any contract between two businesses. Needless to say that in the case of any conflict between a contract and the law, the latter prevails.

CESTAT explains Rule 3(5B)- Cenvat credit Reversal for provision for slow moving inventory

June 27, 2022 906 Views 0 comment Print

CESTAT Delhi ruling in Takata India Pvt. Ltd. case clarifies that a general provision for slow-moving inventory, not written off, does not attract Cenvat Credit Rules. Detailed analysis and implications.

Taxability of Reimbursement of expenses under Service tax and GST

June 23, 2022 29586 Views 0 comment Print

CESTAT held that, service tax is not payable on reimbursement of expenses as the nature of service should make no difference to the taxability of reimbursement.

Interest on Refund of Excess Duty Paid cannot be rejected

June 23, 2022 522 Views 0 comment Print

MSG Enterprises Vs Commissioner of Customs (CESTAT Delhi) provisions of Section 27 A, which provides that, “ where a refund is not granted within three months from the date of receipt of the application, that shall be paid to the applicant with interest at such rate, as notified, on such duty, from the date immediately […]

Limitation not applicable to Service Tax refund in the nature of revenue deposit

June 23, 2022 426 Views 0 comment Print

No limitation is applicable for refund in the facts and circumstances of the present case, due to the amount lying with the Revenue having the nature of revenue deposit.

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