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CESTAT Mumbai

Penalty or Redemption Fine when Bill of Entry Finally Assessed at Declared Value?

June 26, 2023 1164 Views 0 comment Print

Bill of Entry has been finalized as per declared value and when Bill of Entry has been finally assessed at declared value then redemption fine and penalties cannot be imposed.

CESTAT allows Refund on Unutilized Cenvat Credit as per Prescribed Calculation

June 26, 2023 594 Views 0 comment Print

CESTAT Mumbai has allowed a refund based on unutilized Cenvat credit calculated under the Cenvat Credit Rules, 2004, marking a significant decision for businesses with accumulated Cenvat credits due to exports.

Customs exemption available to PET granules under input category used during manufacture of moulds

June 26, 2023 231 Views 0 comment Print

CESTAT Mumbai held that customs exemption in terms of notification no. 52/2003-Cus dated 31st March 2003 is duly available to ‘polyethylene (PET) granules’ under input category as used during manufacture of ‘moulds’.

Goods used as input qualify for MODVAT credit, Irrespective of name on Bill of Entry

June 26, 2023 408 Views 0 comment Print

CESTAT Mumbai’s ruling on the Khandelwal Laboratories P Ltd Vs Commissioner of CGST & CE case underscores the principle that duty-paid goods used as input should qualify for MODVAT credit, regardless of the name on the Bills of Entry.

Doctrine of unjust enrichment not applies to advance service tax payment

June 24, 2023 612 Views 0 comment Print

Unravel the details of the CESTAT Mumbai case – Satyasai Human Resource Solutions Vs Commissioner of Service Tax. CESTAT grants refund on service tax advance paid in line with Rule 6 of Service Tax Rules.

Department cannot file Revise Application in terms of Section 35EE of excise

June 22, 2023 168 Views 0 comment Print

CESTAT Mumbai’s decision, clarifying role of Revenue in filing revise applications under Section 35EE of Excise Act, in the case of Mail Order Solutions (I) Ltd.

Cenvat Credit Rejection Requires Consideration of Evidences, Not Assumptions

June 21, 2023 237 Views 0 comment Print

Explore CESTAT Mumbai judgement in Astoria Agro & Allied Inds Pvt Ltd Vs Commissioner of CGST, underlining importance of evidence consideration in rejecting Cenvat Credit claims

Utilization of CENVAT Credit within same entity does not cause loss to Exchequer

June 21, 2023 390 Views 0 comment Print

CESTAT held that the utilization of credit by any unit within the same entity would not cause any loss to the Exchequer. This is because the credit disallowed to one unit is proportionally made available to the second unit. From a company’s perspective, the net credit availed and utilized remains unchanged.

Provision of service by commission agent to foreign principals is export of service

June 21, 2023 1341 Views 0 comment Print

CESTAT Mumbai held that services provided by appellant (Commission agent) to their foreign principals is ‘export of service’ as contemplated under rule 3 of the 2005 Export Rules.

Mere sending of Order by registered post not amounts to valid service

June 21, 2023 1035 Views 0 comment Print

CESTAT Mumbai in Metro Fashions vs Commissioner of Customs, held that mere sending of Order-in-Original by registered post was not deemed to be valid communication, impacting the limitation period for an appeal.

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