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CESTAT Hyderabad

Intent to smuggle prohibited goods is not equivalent to attempting to export them

April 18, 2024 258 Views 0 comment Print

Explore the detailed analysis of Sh Mohammed Mustafa Vs Pr. Commissioner of Customs case by CESTAT Hyderabad. Learn why intention to smuggle can’t equate to attempt to export.

Extended period of limitation cannot be invoked to raise demand of IGST portion of Customs duty which is available as ITC in GST Regime

April 10, 2024 612 Views 0 comment Print

Learn about Himadri Speciality Chemical Ltd. Vs Pr. Commissioner of Customs Visakhapatnam (CESTAT Hyderabad) and the implications of invoking extended limitation for IGST demand.

CESTAT Hyderabad Sets Aside Gold Confiscation due to Unsubstantiated Assumptions

April 4, 2024 687 Views 0 comment Print

CESTAT Hyderabad ruled that confiscating gold without corroborative evidence is unjust. Learn about the case of Kogatam Sadik Basha Vs Commissioner of Central Tax Preventive.

Service tax demands cannot be imposed solely on ITR/26AS statements: CESTAT Hyderabad

February 28, 2024 2856 Views 0 comment Print

CESTAT clarifies service tax demands cannot be based solely on ITR or 26AS statements. The department must prove service provision, recipient, and consideration. This decision upholds consistent rulings and protects businesses from unsubstantiated demands.

CESTAT quashes Duty Demand: No Proof of Price Influence in Party Relationship

January 2, 2024 246 Views 0 comment Print

CESTAT Hyderabad quashes differential duty demand against KRIBHCO, citing lack of evidence for price influence in OMIFCO relationship. Full text of the order.

Rejecting Transaction Value Based on Assumption Contrary to Customs Act Section 14 & Valuation Rules 8

December 10, 2023 717 Views 0 comment Print

Krishna Traders Vs Commissioner of Central Tax (CESTAT Hyderabad): Transaction value cannot be rejected on mere assumption/presumption and against provisions of Section 14 of Customs Act read with Rule 8 of Valuation rules

CESTAT Set Asides Confiscation of Gold Biscuits for Lack of Illegal Smuggling evidence

December 10, 2023 456 Views 0 comment Print

Explore the CESTAT Hyderabad decision directing the release of gold bars seized as smuggled goods in Mitta Sunil Kumar vs Commissioner of Customs case. Learn about the legal arguments and outcome.

 RCM applicable only when service is provided to ‘business entity registered as body corporate’

November 29, 2023 1269 Views 0 comment Print

Find out why RCM applicable only when service is provided to ‘business entity registered as body corporate’ is key to understanding the full CESTAT Hyderabad order from 2016-2017. Learn the facts now!

No Service Tax on Water and Electricity Supply to Tenants by GMR: CESTAT

November 1, 2023 540 Views 0 comment Print

CESTAT Hyderabad rules that no service tax is payable on electricity and water supplied to tenants by GMR Hyderabad Airport, citing government exemptions.

Tax Claims Extinguish Upon NCLT Approval of Resolution Plan: CESTAT

November 1, 2023 300 Views 0 comment Print

CESTAT Hyderabad rules that government tax claims are extinguished upon NCLT’s approval of a resolution plan, settling all disputes.

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