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CESTAT Delhi

Time limit u/s 11B doesn’t apply to refund of mistakenly paid tax

June 17, 2022 1314 Views 0 comment Print

Rattanindia Power Ltd. Vs Commissioner of Customs (CESTAT Delhi) Section 11B doesn’t apply to refunds pertains to an amount paid under mistake without any liability. Facts- That appellant is registered under service tax and are engaged in distribution of electricity during the period from July 2012 to June 2017. The appellant had paid service tax […]

No Service Tax payable on liquidated damages received in the nature of penalty

June 16, 2022 744 Views 0 comment Print

Service Tax on the amount of liquidated damages – CESTAT Held that, Service Tax is not payable on liquidated damages collected in the nature of penalty.

Installation services inclusive of goods are works contract services

June 16, 2022 1095 Views 0 comment Print

Ram Sewak Tiwari Vs Commissioner of Customs, Central Excise & Central GST (CESTAT Delhi) The issue in the matter is about the classification as to: whether the services rendered by the appellant are that of Erection, Commissioning and Installation or are of the nature of Works Contract Services. Since the contracts are mentioned to be […]

CESTAT allows refund of Service Tax Paid on Ocean Freight

June 16, 2022 1236 Views 0 comment Print

Asiatic Drugs & Pharmaceuticals Pvt Ltd Vs Commissioner CGST (CESTAT Delhi) The issue in this appeal is whether the refund claim of the appellant-asseesse have been rejected which was collected on ocean freight. CESTAT find that the transaction value for Custom duty and Excise duty (CVD), includes the ocean freight, and accordingly I hold that […]

Penalty u/s 114AA levied for misdeclaration of value of imported goods

June 14, 2022 4575 Views 0 comment Print

S.D. Overseas Vs Joint Commissioner of Customs (CESTAT Delhi) Penalty u/s 114AA leviable in case of misdeclaration of the value of the imported goods as per the manufacturer’s price lists. Facts- The appellant had imported a consignment of Food Supplements through ICD, Tughlakabad and filed a Bill of Entry dated 04.01.2013 and the goods were […]

Reexamine imposition of anti-dumping duty on Viscose Staple Fibre: CESTAT Delhi

May 30, 2022 1032 Views 0 comment Print

Anti-Dumping Appeal is allowed to the extent that the designated authority shall re­examine and give a fresh finding as to whether cessation of anti-dumping duty would likely lead to continuation or recurrence of injury so as to warrant imposition of anti-dumping duty for a further period of five years.

Customers Broker not liable for penal action for bonafide action based on material given by client

May 28, 2022 1329 Views 0 comment Print

he appellant no doubt has filed Bill of Entry in the present case. But the same has been filed on the basis of material given to him by his client. He has expressed his bonafide and denied in-correctness of those documents. Merely because there is evidence on record to falsify the said statement, Customs Broker cannot be held liable for the penal action.

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

May 27, 2022 2406 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 3000 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 1650 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.

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