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CESTAT Mumbai

Customs Notification Eligibility: CESTAT Mumbai Orders Remand in Oki India Pvt Ltd Case

January 9, 2024 285 Views 0 comment Print

Explore the CESTAT Mumbai order on Oki India Pvt Ltd vs Commissioner of Customs. Analysis of ostensible eligibility for customs benefit and remand for consideration of alternative notification.

Domestically Manufactured Plastic Injection Mould Machine Exempt from Anti-Dumping Duty

January 4, 2024 951 Views 0 comment Print

Assessee-company was engaged in the manufacture of Plastic Injection Moulded Machines (PIMM) and was duly registered with the Central Excise department, having jurisdiction over the factory of such manufacture of the excisable goods.

Cenvat credit refund cannot be denied under Rule 5 in absence of any proceedings under Rule 14 of CCR, 2004

December 16, 2023 579 Views 0 comment Print

CESTAT Mumbai ruling: Cenvat credit refund cannot be denied without Rule 14 proceedings. Upholds eligibility for input services in export. Case reference: M/s. KKR India Advisors Pvt. Ltd.

Penalty duly imposed on customs broker for not being proactive for fulfilling its obligations

December 12, 2023 471 Views 0 comment Print

CESTAT Mumbai held that imposition of penalty for failure in not being proactive for fulfilling of regulation 10(a) of Customs Brokers Licensing Regulations, 2018 [CBLR,2018] alone, is appropriate and justifiable.

Security Deposit Forfeiture justified for Customs Broker’s Failure to Proactively Fulfill Obligations

December 12, 2023 549 Views 0 comment Print

CESTAT Mumbai held that forfeiture of security deposit justified as Customs Broker failed to act in a proactive manner in fulfilling their obligation as Customs Broker, particularly when the import documents were obtained from the importers through an intermediary.

Revocation of customs broker license unjustified as suspension for two years enough

December 12, 2023 711 Views 0 comment Print

CESTAT Mumbai held that revocation of Customs Broker license unjustified as punishment suffered by being out of Customs broker business for about two years is enough to mitigate case of violations or contraventions of CBLR, 2018.

CENVAT Credit Disallowance: CESTAT Mumbai Directs Re-adjudication

December 9, 2023 318 Views 0 comment Print

Read the full CESTAT Mumbai order on Hindustan Coca-Cola Beverages’ restoration claim disallowance. Detailed analysis of CENVAT credit issues and re-adjudication directive.

CENVAT Credit Eligible for Factory-to-Depot Outward Transportation Service

December 1, 2023 276 Views 0 comment Print

Explore the CESTAT Mumbai order on Bunty Foods’ CENVAT credit dispute for outward transportation. Analysis, legal insights, and implications explained.

No Malafide Intent Found: Allegation of Suppression in SCN Not Sustainable

November 30, 2023 321 Views 0 comment Print

In a significant decision, CESTAT Mumbai quashes customs duty demand on the export of polyurethane polyvinyl chloride soles of footwear, citing the absence of malafide intention. Explore the full text of the CESTAT order, key facts, and the legal analysis leading to the conclusion.

No CENVAT Credit denial To Service Recipient Without Opening Assessment of Service Provider 

November 29, 2023 645 Views 0 comment Print

Explore the crucial CESTAT Mumbai ruling in Tata AIG vs. Commissioner of Service Tax. Learn why denying CENVAT credit without assessing service providers is deemed unsustainable. In-depth analysis, legal insights, and the impact on general insurance services.

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