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CESTAT Mumbai

SCN Proposals Must Align with Law, Not External Sources: CESTAT Mumbai

March 19, 2025 666 Views 0 comment Print

CESTAT Mumbai sets aside tax demand against Shipping Corporation of India, questioning the legal basis of the show cause notice and order validity.

Right not registered in India cannot be deemed to exist in Indian Territory

March 11, 2025 684 Views 0 comment Print

Analysis of Getz Pharma Vs Commissioner of Service Tax case on refund of CENVAT credit under Rule 5 of Cenvat Credit Rules. CESTAT Mumbai remands matter for reconsideration.

CESTAT Sets Aside Customs Broker License Revocation for Procedural Delays

March 9, 2025 552 Views 0 comment Print

CESTAT Mumbai overturns M Dharamdas & Co’s customs broker license revocation due to unjustified procedural delays by authorities.

CESTAT Cannot Remand Case to Authority Other Than Original Adjudicating Authority

March 9, 2025 912 Views 0 comment Print

Mumbai CESTAT dismisses appeal seeking remand to different customs authority, citing jurisdictional limits under Section 129B of the Customs Act.

Exclude Order Receipt Date When Calculating Appeal Filing Limitation: CESTAT Mumbai

March 8, 2025 789 Views 0 comment Print

CESTAT Mumbai set aside a service tax demand on Mumbai Port Trust, holding the appeal filed within the prescribed time. Case remanded for merits evaluation.

Unjust Enrichment Not Applicable to Short-Landed Goods Uncleared for Home Consumption

March 8, 2025 393 Views 0 comment Print

CESTAT Mumbai remands Ratnagiri Gas & Power’s LNG import duty case for fresh adjudication, citing failure to examine unjust enrichment.

Obligation u/r 3(1) cannot be transferred to recipient of credit u/r 7 of CCR, 2004: CESTAT Mumbai

March 4, 2025 1563 Views 0 comment Print

The appellant herein has merely utilized the credit and, to the extent that rule 3(4) of CENVAT Credit Rules, 2004 has not been shown to have been breached, is not concerned with the source of the credit.

CESTAT Mumbai quashes order on royalty inclusion in import valuation

February 14, 2025 636 Views 0 comment Print

CESTAT Mumbai sets aside an order adding royalty to import valuation, citing jurisdictional issues and lack of finalized assessments. The tribunal emphasizes the need for proper determination of duties under the Customs Act.

Service tax not leviable on allocation of head office expense by head office to branch

January 31, 2025 855 Views 0 comment Print

CESTAT Mumbai held that the allocation of head office executive and general administrative expenses by the head office of Standard Chartered Bank to India branch cannot be subjected to levy of service tax under the Finance Act, 1994.

For deciding application for “brand rate” relevant date deemed to be from date of conversion: CESTAT

January 30, 2025 642 Views 0 comment Print

Shipping bills, pertaining to export during the transition i.e. 01.02.2021 to 20.09.2021, were sought to be converted as having been undertaken on claim for drawback or in fulfillment of the scheme for which application was preferred on 25.10.2021.

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