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CESTAT Mumbai

Extended period cannot be invoked without establishing suppression or fraud

July 10, 2024 1539 Views 0 comment Print

CESTAT held that for extended limitation period to apply, department must establish elements such as suppression or fraud. Since no such allegations were made in notices, extended period could not be invoked.

Customs: CESTAT Remands Reassessment Case Due to Absence of Speaking Order

July 8, 2024 795 Views 0 comment Print

Understand the CESTAT Mumbai order on absence of speaking order under Section 17(5) of Customs Act. Detailed analysis, implications, and conclusion.

Small Form-factor Pluggable Optical Transceiver classifiable under CTH 8517 7090

July 8, 2024 1575 Views 0 comment Print

Explore CESTAT Mumbai’s order on IBM India vs Commissioner of Customs, disputing classification of Optical Transceivers under Customs Tariff Item 8517 6290 for duty exemptions.

Deduction of trade discount from assessable value is admissible on CNG sale transactions

June 9, 2024 675 Views 0 comment Print

CESTAT Mumbai rules trade discount to bulk buyer of CNG not liable for excise duty. Detailed analysis of Mahanagar Gas Ltd. vs Commissioner case.

Incomplete & Inconsistent Test Reports: CESTAT remands case for fresh determination

May 17, 2024 552 Views 0 comment Print

Compelling imperative consequent upon contradictory reports cannot be ignored. For central excise authorities to assume anti­podal positions is neither becoming nor legally proper

CESTAT Orders Remand for Fresh Fact Finding on Service Tax Classification Dispute

May 17, 2024 531 Views 0 comment Print

CESTAT Mumbai remands Michigan Engineers Pvt Ltd’s case for re-adjudication, questioning service classification and subcontractor’s role in taxable services.

Issuance of second SCN without adjudicating first is jurisdictionally void: CESTAT Mumbai

May 16, 2024 3906 Views 0 comment Print

CESTAT Mumbai: Saf Yesat Company Pvt. Ltd. Vs. Commissioner of Central Excise – penalties deemed jurisdictionally void for issuing second SCN without adjudicating first.

No Confiscation/Fine for Non-Bonded Goods storage in Bonded Warehouse with Customs Dept. Permission

May 5, 2024 1302 Views 0 comment Print

CESTAT Mumbai rules in favor of Ganesh Benzoplast Ltd., stating no confiscation if prior permission taken for storage of non-bonded goods in bonded warehouse. Detailed analysis of the case provided.

Free services offered during warranty periods not liable to service tax

April 30, 2024 1947 Views 0 comment Print

The CESTAT Mumbai allows the appeal in the case of Reliable Automotive Private Limited versus Commissioner of CGST & Central Excise, setting aside demands and penalties. Get insights into the legal proceedings and conclusions.

CENVAT Credit Allowed for Inputs Transferred Free to Sister Unit for Electricity Production

April 25, 2024 663 Views 0 comment Print

Detailed analysis of CENVAT credit eligibility for electricity transferred to sister unit free of cost. Learn from the CESTAT Mumbai order on Finolex Industries Ltd vs. Commissioner.

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