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CESTAT Mumbai

Eligibility of benefit of notification 30/2004-CE vis-à-vis reversal of CENVAT Credit needs fresh determination

October 23, 2023 348 Views 0 comment Print

CESTAT Mumbai held that eligibility of benefit of notification no. 30/2004-CE dated 9th July 2004 owing to reversal of CENVAT Credit needs to be examined by lower authorities. Accordingly, matter restored back to original authority for fresh determination.

Differential duty paid on expiry of export obligation period hence no violation of condition of advance license

October 23, 2023 591 Views 0 comment Print

CESTAT Mumbai held that as differential duty was paid with interest on expiry of export obligation period, there is no violation of the conditions of Advance License under Notification no. 96/2009-Cus. dated 11.09.2009 and hence redemption fine and penalty set aside.

Cenvat credit of entire input service available even if portion of service is used in manufacture of exempt goods

October 23, 2023 393 Views 0 comment Print

CESTAT Mumbai held that rule 6(5) of Cenvat Credit Rules, 2004 provides for availment of entire amount of credit of input services even though certain portion must have been used in manufacture of exempted goods.

Rule 10A of valuation rules doesn’t come into play for all manner of ‘job-work’

October 23, 2023 609 Views 0 comment Print

CESTAT Mumbai held that rule 10A of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 [valuation rules] is effected only when inputs are supplied and sale is effected to the buyer by the Principal Manufacturer. Thus, Rule 10A of valuation rules doesn’t come into play for all manner of ‘job-work’.

Catering service to students in educational institution exempt from service tax

October 23, 2023 1236 Views 0 comment Print

CESTAT Mumbai held that the catering service provided to the students in the educational institution qualify for service tax exemption as per the notification no. 25/2012-ST dated 20.06.2012.

No Penalty/Redemption Fine When Goods Allowed To Be Re-Exported

October 22, 2023 1092 Views 0 comment Print

CESTAT Mumbai rules redemption fine and customs duty not required when goods are allowed to be re-exported. Detailed analysis of Goyal Trading vs. Commissioner of Customs case.

Rendering decision on goods that are yet to be provisionally assessed is premature intervention

October 19, 2023 597 Views 0 comment Print

CESTAT Mumbai held that rendering a decision on goods that are yet to be provisionally assessed would be a premature intervention. The possible detriment that may arise on a future date is not a grievance that should be entertained unless and until it does translate as one upon occurrence of import or export of goods.

Limitation Period Doesn’t Apply when Appellant discloses All in ST-3 Return

October 19, 2023 345 Views 0 comment Print

Discover the key details of Rama Colour Prints vs. Commissioner of Service Tax case, highlighting disclosure in ST-3 returns and limitation issues.

Procuring sales orders for foreign steel mills serving customers in India is Export of Services

October 19, 2023 495 Views 0 comment Print

CESTAT Mumbai’s ruling in Arcelor Mittal case, classifying procuring sales orders for foreign steel mills serving customers in India as an export of service, leading to the quashing of a service tax demand.

CESTAT Emphasizes Caution in Disciplining Customs Brokers

October 19, 2023 306 Views 0 comment Print

Discover the legal proceedings in the case of M/s Sainath Clearing Agency, where the CESTAT Mumbai revokes a customs broker license and imposes a penalty, offering insights into the disciplinary actions against customs brokers

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