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CESTAT Mumbai

Service Tax not leviable on discounts offered by car manufacturers to their dealers for onward transmission to corporate customers

September 14, 2021 3840 Views 0 comment Print

Autobahn Enterprises Pvt Ltd Vs Commissioner of Service Tax (CESTAT Mumbai) Service Tax not leviable on discounts offered by car manufacturers to their dealers for onward transmission to corporate customers Autobahn Enterprises Pvt. Ltd. (Appellant) was an authorized dealer of M/s Skoda Auto India Pvt Ltd. and in accordance with their agreements, the  Appellant  was […]

CESTAT reduces Bank Guarantee amount & order provisional release of goods

September 12, 2021 954 Views 0 comment Print

Nathi Mal Rugan Mal Vs Commissioner of Customs (CESTAT Mumbai) The appellants claim that they have cooperated with the investigation and have deposited Rs. 70,00,000 (Rupees Seventy Lakhs only) towards the duty liability, if any, that may arise on the past imports after completion of investigation; in respect of the impugned goods also they have […]

Refund of Service Tax paid under RCM allowed post implementation of GST

September 8, 2021 9414 Views 0 comment Print

The Appellant failing to pay its Service Tax Liability under RCM in a stipulated time but shown as liability in the Service tax Return under the Finance Act, 1994, which was repealed and was replaced by the Goods and Services Tax

No cenvat reversal for loss of inputs/packing material in fire

September 1, 2021 3354 Views 0 comment Print

Cipy Polyurethanes Pvt. Ltd. Vs Commissioner of Central Excise (CESTAT Mumbai) The decision of Hon’ble Apex Court in the case of BPL Display Devices Ltd [2004 (174) ELT 5 (SC)] clearly lays down that once the goods are procured for an intended use, then the benefit available and availed by them should not be denied […]

Service tax payable on receipts from insurance companies operating at premises of motor vehicle dealers

August 25, 2021 2184 Views 0 comment Print

Kankariya Automobiles (P) Ltd Vs Commissioner of Central Excise & Customs (CESTAT Mumbai) From the records and narration of Learned Authorised Representative, it would appear that the appellant, an authorized dealer and service centre for motor vehicles, had provided space for insurance companies to solicit customers of insurance contracts on the vehicles sold by them. […]

No excise under ‘deemed’ manufacture on ‘baby diapers’ or ‘sanitary napkins’

June 18, 2021 804 Views 0 comment Print

Explore the Y & Associates vs. Commissioner of Central Excise case with CESTAT Mumbai. Delve into the intricacies of ‘deemed’ manufacture, excisability, and the legislative intent.

Imported External/portable hard disk drive classifiable under Tariff Item 84717020

June 18, 2021 3000 Views 0 comment Print

Imported External/portable hard disk drive are classifiable under Tariff Item 8471 70 20 as Hard disk drives and not under Tariff Item 8471 70 30. Therefore we are of the considered opinion that the instant issue about classification of External/Portable Hard Disc Drives is no more res integra and the appellants have rightly classified them under CTH 8471 7020.

Mobilization advance is not an advance towards provision of services

December 19, 2020 8031 Views 0 comment Print

Gammon India Ltd. Vs Commissioner of Service Tax (CESTAT Mumbai) Mobilization advance is not an advance towards the provision of service and in the nature of loan facility. The ‘mobilization advance’ is adjusted against the final payment due and is not linked to the work but as a pledge of the contract between the appellant […]

CENVAT credit admissible for construction/setting up of landfill

September 11, 2020 933 Views 0 comment Print

The issue under consideration is whether denial of CENVAT credit availed by the appellant for construction/setting up of landfill is justified in law?

Value declared in Bills of Entry cannot be rejected without following Rule 12ibid

September 11, 2020 2325 Views 0 comment Print

Classic Marble Company Vs Commissioner of Customs (CESTAT Mumbai) In this case The learned adjudicating authority has rejected the declared value in respect of the subject Bills of Entry under Section 14(1) ibid read with Rule 12 ibid and re-determined the assessable value under Section 14(1) ibid read with Rule 3(1) ibid, holding that sufficient […]

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