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CESTAT Mumbai

Refund of Service Tax on Cancelled Flat Bookings Allowed by CESTAT Mumbai

April 10, 2024 1314 Views 0 comment Print

Read the full text of the CESTAT Mumbai order allowing refund of service tax paid on cancelled bookings of flats by Kanakia Spaces Reality Pvt. Ltd.

MIKO II Classification: Automatic Data Processing Machine vs. Plastic Toy

April 2, 2024 432 Views 0 comment Print

Learn about the customs duty dispute over MIKO II’s classification. Analysis reveals its advanced technology warrants ‘automatic data processing machine’ status.

No service tax under section 65(105)(zzzza) if building isn’t primarily for commerce/industry

March 12, 2024 2211 Views 0 comment Print

Dive into the analysis of service tax exemption under section 65(105)(zzzza) for construction not primarily for commerce/industry, as seen in RBS Candiaparcar Vs Commissioner of Central Excise (CESTAT Mumbai).

Industrial Land Lease Premium Not Taxable as Rent under Service Tax: CESTAT Mumbai

January 31, 2024 801 Views 0 comment Print

CESTAT Mumbai rules that the premium received for sub-leasing industrial lands, treated as ‘Salami,’ is not taxable as rent under the category of ‘renting of immovable property.’ Details of the case against the Commissioner of CGST & Central Excise.

Notify Customs Commissioner for Goods Detained Over 3 Days: CESTAT Mumbai

January 22, 2024 711 Views 0 comment Print

CESTAT Mumbai held that detention of export goods in excess of 3 days without bringing to notice of the Commissioner of Customs/ Chief Commissioner of Customs is unlawful and untenable in law.

Clandestine removal allegation based on certain statements untenable as cross-examination denied

January 13, 2024 741 Views 0 comment Print

CESTAT Mumbai held that witnesses relied upon by the central excise authorities are not acceptable evidence in the absence of cross-examination that was denied. Hence, matter alleging clandestine removal mainly resting upon certain statements is remanded back to enable cross-examination.

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

January 9, 2024 468 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 1419 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 774 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 615 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.

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