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CESTAT Delhi

Service tax not leviable on premium charged due to interest restructuring

October 1, 2022 825 Views 0 comment Print

CESTAT Delhi held that premium charged due to interest restructuring is net present value of loss of interest and therefore not leviable to service tax under ‘banking and other financial services’.

Cenvat credit eligible on tower, tower material & pre-fabricated buildings/shelters

September 23, 2022 1671 Views 0 comment Print

CESTAT Delhi held that tower/ tower material and pre-fabricated buildings/ shelters are covered within the definition of ‘capital goods’ and hence eligible for Cenvat Credit

Differential duty not chargeable on confiscated goods not allowed for redemption

September 17, 2022 2007 Views 0 comment Print

Held that the goods have been confiscated and no redemption was allowed, the duty liability cannot pass on to anyone but to the Government of India in whom the property vests.

Melamina is a Syantan and can be imported duty free under DFIA

September 16, 2022 612 Views 0 comment Print

Held that Melamina is a Syantan and accordingly benefit of duty free import under DFIA licence under Notification No. 98/2009-Cus dated 11.09.2009 available

Demand unsustainable in absence of DGCA finding of any violation of undertaking to use of aircraft for non-scheduled (passenger) service

September 16, 2022 792 Views 0 comment Print

Held that the undertaking to use the aircraft for non-scheduled (passenger) service can be said to have been violated only when the DGCA finds that the use of the aircraft is not in accordance with the permit granted and only in that event the Customs authority can demand duty in terms of undertaking

Service tax not leviable when exclusive license to use trademark is granted

September 15, 2022 2682 Views 0 comment Print

Held that in case of Trademark License Agreement an exclusive license to use the trademark is granted and hence the same is covered within the phrase transfer of right to use the goods and hence not leviable to service tax.

Excise duty on iron ore fines generated during the process of screening of coal

September 13, 2022 1041 Views 0 comment Print

Satya Power & Ispat Ltd Vs Commissioner of Central Excise & Service Tax (CESTAT Delhi) The issue is whether the appellant is liable to pay central excise duty on removal of iron ore fines/iron ore concentrates? Learned counsel for the Appellant submits that in the de-novo proceedings, the lower authority without appreciating the submissions made […]

Representation by domestic industries binds Govt to disclose reasons for not Imposing Anti Dumping Duty

September 13, 2022 1641 Views 0 comment Print

Where the Central Government formed a prima facie opinion that the final findings of the designated authority recommending imposition of anti-dumping duty were not required to be accepted then tentative reasons had to be recorded and conveyed to the domestic industry so as to give an opportunity to the domestic industry to submit a representation by following the principles of natural justice.

Exemption from payment of BCD available on import of Colour data projectors

September 12, 2022 1218 Views 0 comment Print

Held that colour data projectors are classified under CTI 8528 61 00 and accordingly unconditional exemption from payment of BCD available under serial no. 17 of exemption notification dated 01.03.2005.

Imported Wap was entitled to an exemption from Basic Customs Duty

September 12, 2022 1647 Views 0 comment Print

Imported WAP was entitled to an exemption from the whole of the customs duties under the ITA as it worked on technology and did not support the LTE standard.

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