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CESTAT Delhi

No Cenvat Credit on Capital Goods for which full Depreciation is claimed under Income Tax

June 10, 2021 2937 Views 0 comment Print

Explore the case of Surya Alumex vs. Commissioner of Central Goods and Service Tax (CESTAT Delhi). Understand the implications of Rule 4(4) of CENVAT Credit Rules, 2004 on Cenvat credit and depreciation claims.

Penalty could not be imposed on sole proprietor along with proprietorship firm as it amounted to double jeopardy

June 2, 2021 5433 Views 0 comment Print

Explore the CESTAT Delhi decision in Shahid Ali vs. Principal Commissioner, focusing on allegations of undervaluation and misdeclaration in ‘Food Supplements’ imports. Learn why the adjudicating authority’s penalty imposition on the proprietorship firm and its proprietor was deemed double jeopardy.

Burden of proof for non-smuggled nature of seized gold lies on assessee

May 25, 2021 6282 Views 0 comment Print

Since assessee could not discharge their responsibility of proving non-smuggled nature of the seized foreign marked gold as per section 123 of Customs Act thus, the confiscation of the gold bars, gold coins and small pieces of gold under section 111(d) and section 111(i) was correct.

Rule 6(3A) proportionately divide the credit taken on common input services and credit attributable to exempted service was denied

May 25, 2021 10215 Views 0 comment Print

CESTAT Delhi’s ruling in National Steel & Agro Industries Limited vs. Principal Commissioner – Analysis of Rule 6(3A) in proportionate credit division. Crucial insights for manufacturers on compliance.

No limitation period extension if no malafide intention to suppress & misrepresent facts

May 25, 2021 2364 Views 0 comment Print

Even when an assessee had suppressed facts, the extended period of limitation could be evoked only when suppression‟ was shown to be willful and with an intent to evade payment of service tax. Commissioner had not recorded any finding that even if assessee had suppressed the fact of having received the amount, it was willful and with an intent evade payment of service.

Assessable Value to include Advertising & Marketing Costs, if relatable to Imported Goods

May 25, 2021 2283 Views 2 comments Print

Explore the case of Volvo Auto India vs. Commissioner of Customs (CESTAT Delhi). Learn about customs duty, valuation rules, and the impact of expenses on the assessable value.

Authorized courier cannot open & verify contents of imported consignments – Registration cannot be revoked

May 25, 2021 1464 Views 0 comment Print

Since authorized courier was prohibited from opening and verifying contents of imported consignments and it had not violated Regulation 12(1)(v) and therefore, revocation of the registration and forfeiture of security deposit under Regulation 13(1) and imposition of penalty under Regulation 14 could not be sustained.

Goods cannot be confiscated merely because excess stock of finished goods lying in factory

April 12, 2021 1302 Views 0 comment Print

Sky Alloys & Power Pvt. Ltd. Vs Assistant Commissioner (CESTAT Delhi) FULL TEXT OF THE CESTAT DELHI ORDER The appellant M/s Sky Alloys & Power Pvt. Ltd. are engaged in manufacture of Sponge Iron, MS Ingots and Silico Manganese. Their premises were got searched on 7 November 2015 and 8 November 2015 by the team of Preventive […]

Clandestine removal cannot be upheld merely based upon third party documents

April 12, 2021 1314 Views 0 comment Print

CESTAT Delhi sets aside demand based on third-party evidence. Adjudicating Authority warned on compliance. Read the full judgment details.

Adjudication order not valid if no valid service of show cause notice

April 7, 2021 4698 Views 0 comment Print

Baldeep Singh Vs Commissioner of Customs (CESTAT Delhi) In the present case inspite of opportunity given, Revenue failed to produce the proof of delivery of the show cause notice. Further, from perusal of the order-in-original, I find that the Adjudicating Authority have not recorded satisfaction of service of show cause notice and have proceeded to […]

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