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CESTAT Mumbai

Cenvat Credit not admissible on insurance services pertaining to family members of employees

September 27, 2022 681 Views 0 comment Print

Inadmissible cenvat credit i.e. in respect of the insurance services pertaining to the family members of the employee of the appellant.

Service Tax exemption under SEZ Act cannot be denied for procedural infirmities

September 27, 2022 1311 Views 0 comment Print

Procedural infirmities, for a shorter or longer time, does not in any way supplant service tax exemption accorded to impugned supply of services to units in SEZ

CESTAT allows Refund claim of unutilised CENVAT Credit of Pre-GST regime

August 26, 2022 1683 Views 0 comment Print

Appellant entitled to get cash refund against CENVAT Credit available to its credit during pre GST regime under Section 142(3) of CGST Act

CESTAT condones delay of 2644 days in filing appeal by sick unit before BIFR under SICA

August 25, 2022 717 Views 0 comment Print

Royal Cushion Vinyl Products Limited Vs Commissioner Of Customs Export (CESTAT Mumbai) On perusal of the date chart/list of events, as above, we find that as a sick company, the applicant was pursuing the matter before the BIFR under the Sick Industrial Companies (special Provisions) Act, 1985. Further, on examination of the case records, we […]

Differential classification of same goods imported at different places would negate very purpose of Tariff Act

August 25, 2022 2013 Views 0 comment Print

Commissioner of Customs Vs Reliance Jio Infocomm Ltd (CESTAT Mumbai) Differential classification of same goods imported at different places would negate very purpose of Tariff Act CESTAT held that differential classification of the impugned goods imported at different places would negate the very purpose of the Tariff Act on the one hand and would cause avoidable […]

Rejection of transaction value in absence of contemporaneous import is unsustainable

August 22, 2022 927 Views 0 comment Print

Held that department failed to brought on record independent evidence showing that the price of imported goods were over-valued. Accordingly, in the absence of contemporaneous imports, the transaction value cannot be discarded.

Benefit given to importer as dept failed to substantiate allegation of undervaluation

August 15, 2022 1362 Views 0 comment Print

Held that no iota of evidence was submitted by Revenue regarding under valuation of goods and hence benefit given to the appellant.

Antecedents of an importers cannot be evidence for undervaluation of goods

August 5, 2022 888 Views 0 comment Print

Held that antecedents cannot be an evidence for the alleged undervaluation of the goods. At best antecedents may be a reason for creating a suspicion and be a reason for causing an enquiry or Investigation.

Seized goods can be released on provisional basis inspite of pending adjudication proceedings

August 4, 2022 2742 Views 0 comment Print

Held that a person from whom goods are seized has the right to seek provisional release immediately even as adjudication proceedings takes its own course.

CESTAT condones 1354 days delay in Appeal filing due to Mental Insanity

July 31, 2022 651 Views 0 comment Print

Rosa Impex Private Limited Vs Commissioner of CGST (CESTAT Mumbai) In acceptance of the death of Managing Director and brain haemorrhage of the present Director of the Appellant Company as legal disability due to mental insanity, etc. delay in filing the appeal before the Commissioner (Appeals) is condoned at this end by invoking the principle […]

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