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Customs duty demand invoking extended period unsustainable without proving will…
This case involves an importer, M/s. Javeria Impex India Pvt. Ltd., who imported electric motors from China. The customs authorities suspected undervaluation and re-determined the value based on contemporaneous imports data (NIDB) and a chartered en…
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CESTAT overturns Commissioner (A)'s order, upholds duty enhancement on aluminum…
The Customs, Excise & Service Tax Appellate Tribunal overturned the Commissioner of Customs (Appeals) order that had allowed the appeals of Namo Alloys Pvt Ltd and directed re-assessment of customs duty at the declared value on 35 bills of entry for…
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Importer penalized for forged phytosanitary certificates, goods ordered for re-…
The case involves an importer, M/s. Ram Traders, who filed multiple bills of entry for the import of kiwi fruits stated to be of Chilean origin. However, it was found that the phytosanitary certificates submitted were forged and manipulated, and the…
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Appeal against the demand of service tax under Section 73(1) of the Finance Act…
The appeal is directed against the impugned order dated 30.04.2012 passed by the Commissioner of Central Excise and Service Tax, Chandigarh, confirming the demand of service tax of Rs. 2,30,78,277/- under Section 73(1) of the Finance Act, along with…
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Tribunal Sets Aside Penalty Imposed on Appellant in Customs Appeal Case
The provides details of a legal case involving Customs Appeal No. 862 of 2011 and Customs Appeal No. 1746 of 2010, heard at the Customs Excise & Service Tax Appellate Tribunal in Bangalore. The case revolves around the interception of a passenger co…
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Tribunal Rules in Favor of Appellant in Excise Duty Case
The Customs, Excise & Service Tax Appellate Tribunal, West Zonal Bench in Ahmedabad ruled in a legal case involving Excise Appeal No. 10341 of 2015-DB. The case centered around the seizure of Pouch Packing Machines and the manufacturing of Pan Masal…
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Tribunal Sets Aside Demand of Central Excise Duty, Interest, and Penalty in Exc…
The Customs, Excise & Service Tax Appellate Tribunal, Kolkata, Eastern Zonal Bench, in the case of Excise Appeal No. 75370 of 2021, ruled in favor of the Appellant, M/s Raj Kumar Gupta (Alias) Shri Raj Kumar Sultania alias Shri Raju Sultania, settin…
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CESTAT Rules in Favor of Appellant in Alleged Clandestine Removal Case
The Customs, Excise & Service Tax Appellate Tribunal (CESTAT) West Zonal Bench at Ahmedabad heard Excise Appeal No. 12790 of 2014, which involved the alleged clandestine removal of goods by Crown Ceramics. The case revolved around the recovery of du…
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Customs Appellate Tribunal Grants Benefit of Preferential Trade Agreement on Im…
The Customs, Excise and Service Tax Appellate Tribunal in Chennai has allowed an appeal filed by M/s. TCP Limited, granting them the benefit of the Preferential Trade Agreement on imported Steaming Non-Coking Coal. The Tribunal set aside the rejecti…
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Tribunal Allows Refund Claim of M/s Sigma Moulds and Stampings Pvt. Ltd. in Ser…
The Customs, Excise & Service Tax Appellate Tribunal in Chandigarh allowed the refund claim of M/s Sigma Moulds and Stampings Pvt. Ltd., a company engaged in the manufacture of auto parts. The revenue department had rejected the refund claim on the …
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Tribunal Allows Service Tax Refund Claim in Favor of Sundaram Asset Management …
The Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench in Chennai has upheld the decision of the Commissioner (Appeals) to grant a service tax refund to Sundaram Asset Management Co. Ltd. The tribunal ruled that the services provi…
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Tribunal Exempts Payments to USFDA from Service Tax
In a final order, the Customs, Excise & Service Tax Appellate Tribunal in New Delhi has allowed the appeal filed by M/s Sidmak Laboratories (India) Private Limited. The Tribunal held that the payments made by the appellant to the United States Food …
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Customs Appellate Tribunal Grants Concessional Duty Benefit in Import Dispute
Customs & Excise,Dec. 09, 2023The Customs, Excise and Service Tax Appellate Tribunal in Chennai allowed the appeal filed by M/s. TCP Limited, granting them the benefit of concessional duty under the Preferential Trade Agreement. The Tribunal set aside the original authority’s rejection of the benefit based on discrepancies in the invoices and the Country of Origin Certificate. The Tribunal held that the invoices issued by a third-party country and minor differences in invoice n…
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Denial of CENVAT credit to M/s. Siemens Technology & Services Pvt. Ltd. for the…
Customs & Excise,Dec. 09, 2023This case involves the denial of CENVAT credit amounting to Rs. 1,22,29,342/- to M/s. Siemens Technology & Services Pvt. Ltd. The company, which is an exporter of Information Technology Software Services, had accumulated CENVAT credit on Service Tax liability discharged under reverse charge mechanism on services procured from outside India and under normal procedure for services availed within India. The company filed refund applications for the pe…
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CESTAT Mumbai Allows Appeal for Restoration of Disallowed CENVAT Credit
Customs & Excise,Dec. 09, 2023The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) in Mumbai, West Zonal Bench, has issued a Final Order allowing the appeal of Hindustan Coca-Cola Beverages Pvt Ltd for the restoration of disallowed CENVAT credit. The appeal sought to restore credit availed under the CENVAT Credit Rules, 2004, which had been deemed ineligible. The CESTAT found that the eligibility of CENVAT credit on certain services had been settled by previous court…
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Customs Appellate Tribunal Grants Relief to M/s. Softel Overseas in Duty Paymen…
Customs & Excise,Dec. 09, 2023In Customs Appeal No.75195 of 2014, the Customs, Excise and Service Tax Appellate Tribunal in Kolkata allowed the appeal filed by M/s. Softel Overseas Private Limited. The appellant had initially paid duty at a rate of 7.5% but later realized they were eligible for a lower rate of 5% under a different notification. The Commissioner of Customs (Appeals) rejected their request, citing procedural lapses in the certificate of origin. However, the Tribu…
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Can Excise Department Levy Penalty on Director for Company's Procedural Lapse i…
Customs & Excise,Aug. 22, 2023Schurter Electronis paid the required duty but missed getting DTA clearance permission. For this, the Excise Department imposed a ₹1 lac penalty on its director under Rule 26. Was the department's decision justified? The Tribunal, however, ruled against this penalty.
Why Gaming PCs are classifiable under automatic data processing machines, thus …
The CESTAT Chennai recently ruled on the classification of 'Computer System Desktops' marketed as gaming PCs. Asus India Private Limited imported these systems under CTH 84713090. However, the Revenue re-classified them under CTH 9504 5000, considering them primarily for gaming. The tribunal clarified that despite their gaming enhancements, their core function remains data processing, classifying them under CTH 8471.
Customs & Excise,Aug. 11, 2023-
CESTAT Ahmedabad Calls for Re-adjudication Over Unprovided Verification Report
Customs & Excise,Aug. 08, 2023CESTAT Ahmedabad has directed a re-adjudication in the case involving Senor Metals Pvt Limited and the Commissioner of Central Excise & ST. The core issue was the demand of customs duty for manufacturing dutiable goods on a job work basis without presenting the verification report. The Central Excise Tariff Act, 1985, and notifications like 214/86-CE and 22/2003-CE were invoked. Concerns arose regarding the principles of natural justice and potenti…
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Imported Computers for Educational Institutions: Assessment Under Section 4's T…
Customs & Excise,Aug. 08, 2023When Acer India Pvt. Ltd. imported notebook computers for an educational institution, they initially assessed the bill of entry based on Retail Sale Price (RSP). However, realizing that the goods were not intended for retail sale, they sought reassessment under the normal transaction value. This led to a legal tussle, with the Customs, Excise, and Service Tax Appellate Tribunal eventually ruling in favor of Acer, emphasizing the importance of corre…
CENVAT Credit Upheld for Input Services
Customs & Excise,Aug. 07, 2023A recent ruling has confirmed that CENVAT credit cannot be denied for input services used for output service. The decision underscores the principle that such credit is a substantive right and cannot be denied due to the nature of the service.
CENVAT Credit Greenlit for Spray Drying Plant Services
A recent ruling has affirmed that CENVAT credit can be claimed for the erection and commissioning services of a spray drying plant. The decision reinforces the principle that such credit is a substantive right and cannot be denied due to the nature of the service.
Customs & Excise,Aug. 07, 2023-
Customs & Excise , Aug. 04. 2023Decoding the Sterling Agro Vs Customs Confiscation Ruling
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Customs & Excise , Aug. 01. 2023Effluent Transport Doesn’t Attract Service Tax Under Goods Transport Agency (GT…
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Customs & Excise , Aug. 02. 2023
No Service Tax on Vehicle Sale's Handling Charges if VAT Applied
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Customs & Excise , Aug. 01. 2023
CESTAT Ahmedabad Rules No Service Tax on Police Housing Corporation Construction
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Customs & Excise , Aug. 01. 2023CESTAT Sets Aside Penalty on Cable TV Operator for Non-Payment of Service Tax
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