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CESTAT Mumbai

CESTAT Orders Release of Export Goods for Lack of Basis for Seizure

May 6, 2025 576 Views 0 comment Print

CESTAT Mumbai orders release of Happy Gems export goods, setting aside confiscation & penalties as examination confirmed goods matched declaration.

Classification: Crimp Pumps as Positive Displacement Pumps (CTI 8413 5010 / 8413 5090), Not Toilet Spray Parts (CTI 9616 1020)

May 3, 2025 1035 Views 0 comment Print

Crimp pumps imported were classifiable under positive displacement pumps (CTI 8413 5010 / 8413 5090) and not as mounts and heads for toilet sprays under CTI 9616 1020 as claimed by the Customs authorities.

Service tax exempt on sale of flat subsequent to date of issue of occupancy certificate

May 2, 2025 942 Views 0 comment Print

CESTAT Mumbai held that service tax on construction of complex/building is exempt when there is sale of flat subsequent to date of issue of occupancy certificate from competent authority. Accordingly, appeal of revenue dismissed.

Packing & Labeling of O‑Rings Not Manufacturing—No Excise Duty Payable

April 19, 2025 687 Views 0 comment Print

Explore Schrader Duncan Ltd vs Commissioner of Central Excise case where ‘O’ rings’ packing and labeling were deemed non-manufacturing under Chapter 4016, absolving them from excise duty

No Penalty & Redemption Fine Under 2023 Amnesty Scheme for Export Obligation Non-Compliance

April 17, 2025 723 Views 0 comment Print

CESTAT Mumbai rules no penalty for unmet EPCG export duties under amnesty scheme. Duty paid, fines waived.

Social Welfare Surcharge will be Nil when Basic Customs Duty is Nil: CESTAT Mumbai

April 12, 2025 1470 Views 0 comment Print

CESTAT Mumbai held that the amount of Social Welfare Surcharge (SWS) payable would be ‘Nil’ in case where Basic Customs Duty (BCD) is Nil. Accordingly, the appeal is allowed.

Nico Extrusion vs. Commissioner of Customs – CESTAT Remands for Speaking Order

April 10, 2025 453 Views 0 comment Print

CESTAT Mumbai upholds remand of Nico Extrusion’s re-assessment case, directing Customs to issue a mandatory speaking order within 15 days as per Section 17(5) of Customs Act.

No Forfeiture of Security Deposit for declaration Non-Filing as per Circular 16/2009-Customs

April 9, 2025 534 Views 0 comment Print

CESTAT Mumbai held that failure to file declaration detailing particulars of supplier of goods as prescribed in circular no. 16/2009-Customs dated 25th May 2009 is technical irregularity.

Central Excise Valuation Must Follow Its Own Law, Income Tax Provisions Not a Basis for Reassessment

April 4, 2025 636 Views 0 comment Print

CESTAT rules definitions and valuation mechanisms under central excise law must be applied strictly in accordance with its own statutory framework. Cross-references to provisions under income tax law, without fulfilling distinct conditions under Central Excise Act, cannot justify a reassessment of excise duty

CESTAT Mumbai Sets Aside Service Tax Demand, Orders Fresh Review of Works Contract Exemptions

April 4, 2025 864 Views 0 comment Print

CESTAT Mumbai sets aside CGST order against Mira Construction, remanding the case for fresh examination of service tax exemptions under works contract services.

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