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CESTAT Delhi

Cancellation of Customs Brokers licence quashed by CESTAT Delhi on grounds of non- violation of CBLR, 2013

August 8, 2023 651 Views 0 comment Print

Trinity International Forwarders, the appellant assessee was a Customs Broker. The assessee had been accused of violated the Regulations of 11(d), 11(e) or 11(n) of Customs Broker Licensing Regulations, 2013.

CESTAT Delhi quashes demand as Revenue fails to prove undervaluation of goods to reject invoice transaction value

August 7, 2023 564 Views 0 comment Print

The respondent/importer had filed three bills of entry dated 27.01.2021 for clearance of imported goods Zinc Scrap, Saves/Scope which were imported from M/s Olympic Metal, Miami, USA. As the Department noticed that the declared value of the goods was lower than the contemporaneous import of similar goods and that the sale involved an abnormal discount and abnormal rejection from ordinary competitive prices, a query was raised from the importer to provide material/evidence to justify the declared value in terms of Section 17(3) of the Customs Act, 1962

Service Tax exempt on Commission Earned from Services to Foreign Entities

August 6, 2023 2787 Views 0 comment Print

CESTAT Delhi held that commission earned on services provided to foreign entity for products sold in India is ‘export of service’ and accordingly exempt from service tax.

CENVAT Credit Allowed for Erection & Commissioning Services of Spray Drying Plant

August 6, 2023 570 Views 0 comment Print

CESTAT rules in favor of Shivani Detergent Pvt. Ltd., upholding the CENVAT credit for erection & commissioning of a spray drying plant as ‘input service’.

Universal Joints Parts for Transmission Shaft falls under Heading 84836090

August 4, 2023 1452 Views 0 comment Print

CESTAT Delhi held that Universal Joints Parts to be used in transmission shaft, are more specifically covered under sub heading 8483 60 90 and not under heading 8708.

Service Tax Inapplicable on Liquidated Damages

August 4, 2023 2424 Views 0 comment Print

Review and analysis of the CESTAT Delhi’s ruling in Steel Authority of India Ltd. Vs Principal Commissioner regarding tax on contractual penalties.

Unsustainable Penalty u/s. 112 and 114AA without Knowledge of Prohibited Goods Import

July 30, 2023 3546 Views 0 comment Print

CESTAT Delhi held that penalty u/s. 112 and 114AA of the Customs Act not leviable in absence of any knowledge of goods of prohibited nature being imported.

CESTAT Upholds Penalty for Mis-declared Quantity of Imported LED Lights

July 28, 2023 951 Views 0 comment Print

CESTAT Delhi upholds penalty imposed under section 114AA of the Customs Act on M/s Surendra Electricals for mis-declaration of the quantity of LED lights in the bill of entry.

Interest Granted to Petitioner for Illegally Delayed Refund by Adjudicating Authority

July 28, 2023 819 Views 0 comment Print

In the case of Rajasthan Syntex Limited vs. Commissioner (CESTAT Delhi), the issue revolves around whether the appellant is entitled to interest for the intervening period when the rebate claim, which was retained by the Adjudicating Authority illegally, was ultimately sanctioned.

Tax discharged by service recipient cannot again be demanded from service provider

July 26, 2023 2124 Views 0 comment Print

Explore the CESTAT Delhi judgment on Aadarsh Sri Sai Manpower Solution vs Commissioner, addressing service tax liability discharge, penalties, and key legal insights.

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