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CESTAT Delhi

Cenvat credit not deniable as services settled to be eligible input service

February 24, 2023 2274 Views 0 comment Print

CESTAT Delhi held that once the services in question have already been settled to be the eligible input services, the Cenvat credit thereof cannot be denied to the assessee.

Revocation of customs broker licence justified on failure to verify correctness of documents

February 24, 2023 1881 Views 0 comment Print

CESTAT Delhi held that Customs Broker failed to verify the correctness of the documents, violated the obligation as a custom broker under CBLR, 2013, accordingly, revocation of licence and forfeiture of security deposit justified.

No excise duty chargeable on scrap of pipes generated during repair/ maintenance of pipes

February 23, 2023 816 Views 0 comment Print

CESTAT Delhi held that pipes, used in manufacture- production of oil needs repair- replacement, are capital goods. Hence, no excise duty can be charged on the scrap of the pipes produced- generated during the repair or maintenance of the pipes.

Portable Solar Home Electric Light – HANS 300 & HANS 150 are solar power based device

February 22, 2023 873 Views 0 comment Print

JMK Energy Vs Commissioner of Customs (CESTAT Delhi) CESTAT Delhi held that simply because there are four other alternative means through which Portable Solar Home Electric Light – HANS 300 and HANS 150 can be charged, it doesn’t mean that they are not solar power based devices. Facts- M/s JMK Energy, New Delhi filed this […]

Goods imported in violation of ITC(HS) Import policy and also undervalued are liable to confiscation

February 22, 2023 1980 Views 0 comment Print

CESTAT Delhi held that imported goods are liable to confiscation under section 111 of the Customs Act as restricted goods are imported in violation of the provisions of ITC(HS) Import Policy and the goods were not correctly valued.

No Service Tax can be levied on take-away/parcel food from restaurants

February 21, 2023 4041 Views 0 comment Print

HC Held that, no Service Tax can be levied on the activity of take-away of food items as it would amount to sale of goods wherein, element of service such as dining facility, washing area and clearing of the tables are not involved.

Interest free advance by foreign exporter for expansion not includible in value of goods supplied to India

February 19, 2023 891 Views 0 comment Print

CESTAT Delhi held that interest free advances received by the foreign exporter not includible in the value of goods supplied to India when advances are for expansion of production facility and future production activity.

Service tax not payable on additional incentive received by dealer for meeting certain targets

February 18, 2023 2952 Views 0 comment Print

CESTAT Delhi held that additional incentive received by the dealer for meeting certain targets is in the form of trade discount and is not a payment for any service. Accordingly, service tax not leviable on the same.

Responsibility under regulation 10(n) doesn’t mandate customs broker to keep continuous surveillance on client

February 18, 2023 1494 Views 0 comment Print

CESTAT Delhi held that responsibility of the Customs Broker under Regulation 10(n) does not include keeping a continuous surveillance on the client to ensure that he continues to operate from that address and has not changed his operations.

Absolute confiscation of gold sustainable as appellant failed to prove that it was not smuggled

February 16, 2023 1278 Views 0 comment Print

CESTAT Delhi upholds the absolute confiscation of disputed gold as it was reasonably believed to be smuggled and appellant failed to discharge his burden to prove that the golds was not smuggled gold.

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