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CESTAT Hyderabad

Anyone outside India to avail CENVAT credit: CESTAT Hyderabad

May 5, 2024 228 Views 0 comment Print

CENVAT Credit Rules, 2004 or CENVAT Credit Rules, 2002 are framed under Central Excise Act, 1944. This Act applies to whole of India but not beyond. When Central Excise Act itself does not extend outside India, neither will CENVAT Credit Rules. Therefore, it is impossible for anyone outside India to avail benefit of CENVAT credit.

Non-Fulfillment of Stipulated Event – No Service Tax Payable

April 30, 2024 414 Views 0 comment Print

The appellant, in a recent case involving the supply of crude oil/gas to ONGC, failed to meet the stipulated event for service completion. Consequently, the obligation to pay service tax was deemed non-applicable.

Imported Second-Hand Medical Devices with 5+ Years’ Residual Life Exempt from ‘Waste’ Definition

April 25, 2024 519 Views 0 comment Print

Analysis of Nano Hospitals Pvt Ltd vs Commissioner of Customs case by CESTAT Hyderabad, stating imported medical devices with 5+ years life aren’t hazardous waste.

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

April 18, 2024 360 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 792 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 792 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 4512 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 285 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 777 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 579 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.

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