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CESTAT Mumbai

Unutilized Cenvat credit can be adjusted against Service Tax demands under GST regime

October 19, 2024 387 Views 0 comment Print

CESTAT Mumbai sets aside service tax demand against Konkan Railway for excess Cenvat credit adjustment due to unutilized credit under CGST Act, 2017.

Allegation of mis-declaration without challenging transaction value untenable: CESTAT Mumbai

October 7, 2024 330 Views 0 comment Print

CESTAT Mumbai held that allegation of mis-declaration and duty demand thereon not sustained as department doesn’t challenged transaction value. Further, importer duly mentioned value of all the imported goods in the invoice. Hence, duty demand not sustained.

Rejection of refund claim on procedural ground invalidated: CESTAT Mumbai

September 28, 2024 633 Views 0 comment Print

CESTAT Mumbai held that rejection of refund claim on procedural grounds of non-furnishing of documents required to process the claim in invalidated. Accordingly, order set aside and matter restored to original authority.

Customs Penalty on VABL License Holder Quashed Due to Lack of Forgery Evidence

September 26, 2024 249 Views 0 comment Print

There was no indication of action for cancellation having taken by DGFT authorities or any information provided by Revenue that an action was later taken by DGFT authorities.

Customs Broker Not Handling Export Consignment Not in Violation of Regulations 10(d) & 10(n)

September 20, 2024 3624 Views 0 comment Print

CESTAT Mumbai held that appellants Customs Broker (CB) was not handling the export consignment hence it cannot be said that they had violated Regulation 10(d) and 10(n). Thus, revocation of license unjustified.

No time limit prescribed u/s. 149 of Customs Act for amendment of shipping bills: CESTAT Mumbai

September 16, 2024 657 Views 0 comment Print

CESTAT Mumbai held that rejection of request for amendment of shipping bills u/s. 149 of the Customs Act, 1962 on the ground of delay unjustified as legal provisions doesn’t prescribe any specific time limit.

Service Tax Refund cannot be denied for Stamp Duty Evidence if stamp duty was exempt

September 12, 2024 417 Views 0 comment Print

CESTAT approves refund claim of ₹15.3 lakh for Rare Townships Pvt Ltd. Dispute over stamp duty compliance resolved in favor of the appellant.

CESTAT Mumbai orders Pre-deposit refund verification, remanded case for fresh proceedings

September 11, 2024 207 Views 0 comment Print

CESTAT Mumbai directs refund verification of ₹24 lakhs pre-deposit in Shiva Steel Industries case, remanding for fresh proceedings and verification of documents.

Place of Provision Rules Not Applicable; Transaction Considered as Export of Service, No Service Tax Liability

August 24, 2024 543 Views 0 comment Print

CESTAT Mumbai ruled in favor of ATA Freightline, setting aside service tax demands for logistics services from April 2015 to June 2017. Full details of the case.

No Service Tax on Reimbursement for Actual Costs as its not a taxable service

August 23, 2024 405 Views 0 comment Print

CESTAT Mumbai overturned the service tax demand on Hindustan Construction Co., ruling that reimbursements to group companies do not constitute taxable services.

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