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CESTAT Mumbai

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

January 31, 2025 135 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 177 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.

Customs: Enforcement of Investigating Agency’s Classification violates Self-Assessment Process

January 22, 2025 276 Views 0 comment Print

CESTAT Mumbai rules AO’s insistence on importer accepting investigating agency’s classification violates self-assessment under Section 17 of the Customs Act.

CESTAT Remands CBLR Security Deposit Forfeiture Case After Appellant’s Exoneration

January 21, 2025 123 Views 0 comment Print

The CESTAT Mumbai remands the forfeiture case of M/s Daroowala Bros & Co to the licensing authority for reconsideration based on new circumstances.

Bills of entry relied upon were not made available: CESTAT remanded matter

January 16, 2025 63 Views 0 comment Print

Glass Beads (rockies) were imported against bills of entry. Some quantity which is covered by first of bills was re-assessed at US$ 1.60/Kg while consignment in subsequent shipments was re-assessed at US$ 1.75/Kg.

CESTAT Sets Aside Customs Broker License Revocation Due to Mismatched Findings

January 15, 2025 144 Views 0 comment Print

He observed that appellant furnished fake and bogus bills of purchase from purported buyers other than actual suppliers in connection with the export of overvalued goods to claim ineligible drawback.

No Penalties for Not Filing Transshipment Bill as Clearance Remains Valid

January 13, 2025 126 Views 0 comment Print

Failure to file a transshipment bill was deemed a technical lapse and it did not invalidate the clearance granted by customs. . Tribunal held that imposing duty demands and penalties in this matter lacked merit and legal basis.

Cenvat Rule 7 amended WEF 01.04.2016 making pro tata distinction mandatory

January 1, 2025 126 Views 0 comment Print

CESTAT Mumbai dismisses the Department’s appeal, allowing Oerlikon to claim CENVAT credit at Pune. The ruling emphasizes revenue neutrality and pre-2016 Rule 7 provisions.

Service Tax Demand under Section 73: Normal Period Rule, Extended Period Exception

January 1, 2025 672 Views 0 comment Print

CESTAT Mumbai rules extended limitation cannot apply for service tax demand on sub-contractors due to conflicting decisions, emphasizing procedural norms.

Redemption fine reduced as exporter not contravened any provisions of Customs Act: CESTAT Mumbai

December 27, 2024 108 Views 0 comment Print

Two numbers of Writ Petitions were filed by the importer before the Hon’ble High Court of Rajasthan, challenging various notifications issued by the Directorate General of Foreign Trade (‘DGFT’).

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