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CESTAT Mumbai

Non fulfillment of satisfactory, condition mars the revision of assessable value

June 28, 2022 465 Views 0 comment Print

Dive into the dispute of Acmechem Ltd vs Commissioner of Customs (CESTAT Mumbai). Explore challenges to value rejection, breaches of natural justice, and a crucial assessment analysis.

Penalty not leviable in absence of deliberate misdeclaration

June 28, 2022 3984 Views 0 comment Print

Matter of classification is complex. According, held that there is no scope for indicting the individuals in these proceedings for deliberate misdeclaration. Penalty not imposed as the role of the individuals in the misdeclaration of stores and bunkers is not evident in the impugned order.

Mere short payment of duty not sufficient to invoke extended period

June 24, 2022 759 Views 0 comment Print

CESTAT held that mere short payment of duty by the appellant is not sufficient in order to invoke the extended period.

Classification of inkjet printer’ and ‘ink-jet printing machine’

June 23, 2022 4554 Views 0 comment Print

Goods are not Digital Inkjet Printers or that the goods are not capable of being connected to ADP or network and therefore is not classifiable under 8443 32 50 is against clarification given by CBIC

Custom broker mandatorily needs to verify credentials of importers

June 22, 2022 981 Views 0 comment Print

Custom brokers are required to conduct all possible enquiries through independent reliable sources/ documents to verify the credentials of the clients. No such effort made by the appellant proves that they have failed to observe due diligence in this regard.

Allegation of suppression cannot be alleged in case concerned officer had de-bonded the unit

June 22, 2022 1116 Views 0 comment Print

When the unit was de-bonded and no dues certificate was issued to the assessee, it was the duty of the officer, who gave no dues certificate to verify the contents whether any dues liability was pending against the assessee or he had correctly declared the true facts for de-bonding of unit. When the concerned officer had de-bonded the unit along with no dues certificate, allegation of suppression could not be alleged against assessee in this case.

No evidence that LOP terms are violated; demand unsustained

June 17, 2022 801 Views 0 comment Print

Commissioner of CE & ST Vs Maneesh Exports (CESTAT Mumbai) The appellants have consumed the duty free raw material for achieving the export obligations on yearly basis and on whole as per the LOP issued to them and amended from time to time. No evidence has been produced by the revenue that the terms of […]

Admissibility of CENVAT Credit on Del Credere Agent Services

June 16, 2022 489 Views 0 comment Print

Dhoot Compack Pvt. Ltd. Vs Commissioner of Central Excise (CESTAT Mumbai) Assessee  appointed Del Credere Agent, to guarantee the solvency of their customer and ensure speedy recovery of the amounts due from them. These services are in relation to the activities which are post sale and clearance of goods and hence these cannot be treated […]

Crushing and screening iron ore classified as iron ore fines, exempt from CVD

June 14, 2022 2367 Views 0 comment Print

The appellant engaged in the manufacture of iron ore pellets. One of the raw materials required for the same is iron ore fines.

No liability to pay service tax on toll collection as collector was not a Commission Agent

June 11, 2022 1665 Views 0 comment Print

Souvenir Developers India Pvt Ltd Vs Commissioner of Central Excise (CESTAT Mumbai) Conclusion: Any amount retained by a toll collector while undertaking toll-collection activity did not attract service tax since the said activity did not constitute a service rendered by a commission agent and thus it did not fall within the purview of a ‘business […]

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