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CESTAT Delhi

Profit on ocean freight charges not leviable to service tax

May 9, 2023 3984 Views 0 comment Print

CESTAT Delhi held that profit on ocean freight charges cannot be termed as consideration for service and hence service tax is not leviable on the same.

Authority duty bound to refund excess duty paid because of an error in EDI system

May 9, 2023 1074 Views 0 comment Print

CESTAT Delhi held that authority is not permitted to retain the excess amount paid by the appellant because of an error in EDI system. Authority is duty bound to refund such amount.

Rule 5 of Cenvat Credit Rules cannot be invoked to sanction refund of unutilized Cenvat credit

May 8, 2023 1632 Views 0 comment Print

Adjudicating Authority has not committed any error while holding that Rule 5 of Cenvat Credit Rules, 2004 cannot be invoked to sanction the refund of unutilized Cenvat credit lying with the appellant much prior to April, 2017 that too in cash as per Section 140 of CGST Act, 2017.

Blasting services classifiable under works contract services

May 6, 2023 1746 Views 0 comment Print

Commissioner Central Excise & Central GST Vs Navdeep Traders (CESTAT Delhi) Issue- whether the activity of the respondent is a works contract service and thus the value of the blasting material/explosives is to be excluded from the amount received by the assessee for blasting at customers site for excavation of sand stone. The respondent – […]

Transaction value rightly rejected due to mis-declared quantity & grade of guar gum

May 5, 2023 894 Views 0 comment Print

CESTAT Delhi held that rejection of transaction value and determining the value based on the contemporaneous value available in National Import Database (NIDB) correct as quantity of goods is much larger than what was declared; buyer and seller are related parties and grade of guar gum is mis-declared.

No conversion of DEEC Shipping Bills of IOCL to Drawback Shipping Bills since barred by limitation

May 5, 2023 1263 Views 0 comment Print

IOCL was not entitled for the conversion of DEEC shipping bills to drawback shipping bills since it was barred by limitation and was rightly rejected by the competent authority and for the reason for non-filing of the requisite documents in terms of Section 149 of the Customs Act as well as the Circular.

Denial of CENVAT credit merely because invoice didn’t mentioned event details is unjustified

May 5, 2023 1194 Views 0 comment Print

CESTAT Delhi held that denial of CENVAT credit of ‘event management services’ merely because invoice didn’t mention what event was being organized is unjustified.

Letting out of halls/ rooms by hotels and restaurants for organizing function is covered under ‘mandap keeper service’

May 5, 2023 2304 Views 0 comment Print

CESTAT Delhi held that service tax is leviable on services provided by hotels and restaurant in relation to letting out of halls or rooms for organizing any official, social or business function under ‘mandap keeper’ service.

CESTAT upheld rejection of refund as appellant not responded to Deficiency Memo & SCN

May 5, 2023 618 Views 0 comment Print

S.K. Enterprises Vs Commissioner of Customs (CESTAT Delhi) CESTAT observed that Though ld. Commissioner (Appeals) has discussed only one aspect of rejecting the claims i.e. time bar aspect. But it is observed that the orders of Original Authorities have been upheld by Commissioner (Appeals) resulting into merger of these orders. The perusal of Orders-in-Original is […]

Appeal not maintainable if necessary interested parties not been impleaded as respondents

May 5, 2023 642 Views 0 comment Print

The necessary interested parties had not been impleaded as respondents in these four appeals. In view of the request made by learned counsel for the appellants time was granted to move appropriate applications for impleading the remaining interested parties as respondents in the four appeals.

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