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Customs Appellate Tribunal Grants Concessional Duty Benefit in Import Dispute
The 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 re…
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Denial of CENVAT credit to M/s. Siemens Technology & Services Pvt. Ltd. for the…
This 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…
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CESTAT Mumbai Allows Appeal for Restoration of Disallowed CENVAT Credit
The 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 …
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Customs Appellate Tribunal Grants Relief to M/s. Softel Overseas in Duty Paymen…
In 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 w…
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Can Excise Department Levy Penalty on Director for Company's Procedural Lapse i…
Schurter 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 aga…
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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, consider…
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CESTAT Ahmedabad Calls for Re-adjudication Over Unprovided Verification Report
CESTAT 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 pr…
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Imported Computers for Educational Institutions: Assessment Under Section 4's T…
When 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 reasse…
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CENVAT Credit Upheld for Input Services
A 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.
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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 …
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The Unjustified Non-renewal of Warehouse Licenses
This ripple explores the unjustified non-renewal of warehouse licenses, specifically in cases where duty is admitted before the Settlement Commission. It's based on a resource, providing insights into the legal implications and the potential consequ…
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The Tax Implications of Universal Joints in Transmission Shafts.
The ripple delves into the tax and customs implications of Universal Joints, specifically those used in transmission shafts, under the heading 8483 60 90. The information is based on a judgement by CESTAT Delhi in the case of Kafila Forge Ltd Vs Pri…
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Decoding the Sterling Agro Vs Customs Confiscation Ruling
Customs & Excise,Aug. 04, 2023This ripple provides an in-depth analysis of the Sterling Agro Vs Customs case, focusing on the fine in lieu of confiscation ruling. It offers a detailed breakdown of the judgement, making it a must-read for legal and tax professionals.
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No Service Tax on Vehicle Sale's Handling Charges if VAT Applied
Customs & Excise,Aug. 02, 2023The CESTAT Ahmedabad ruled in favor of Jivan Jyot Motors Pvt Limited, stating that handling and forwarding charges, part of the sale price, are exempt from service tax if VAT is applied. The Tribunal held that service tax cannot be demanded on any part of the value once VAT is paid.
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CESTAT Ahmedabad Rules No Service Tax on Police Housing Corporation Construction
Customs & Excise,Aug. 01, 2023CESTAT Ahmedabad has ruled that the construction of residential complexes for the Gujarat State Police Housing Corporation does not attract service tax. This decision provides clarity on the applicability of service tax in such scenarios.
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CESTAT Sets Aside Penalty on Cable TV Operator for Non-Payment of Service Tax
Customs & Excise,Aug. 01, 2023CESTAT has set aside a penalty imposed on a Cable TV Operator for non-payment of service tax. The tribunal found that the operator was not liable for the service tax, leading to the revocation of the penalty.
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Effluent Transport Doesn’t Attract Service Tax Under Goods Transport Agency (GT…
Customs & Excise,Aug. 01, 2023The transport of effluent does not attract service tax under the Goods Transport Agency (GTA), according to a recent ruling. The tribunal clarified that such transport is not a taxable service, providing relief to businesses involved in effluent transport.
CESTAT Directs Re-Examination of Clandestine Goods Removal Case as Witness Not …
CESTAT ordered a re-examination of a clandestine goods removal case, citing that a key witness was not examined. The tribunal emphasized the importance of witness examination in ensuring a fair trial.
Customs & Excise,Aug. 01, 2023-
Excess Freight Charges Collected from Customers Not Subject to Excise Duty: CES…
Customs & Excise,Aug. 01, 2023CESTAT ruled that excess freight charges collected from customers are not subject to excise duty. The tribunal found that these charges are not part of the transaction value of goods and hence, not dutiable.
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Retired Partner Not Liable for Firm’s Post-Retirement Excise Duty Dues
Customs & Excise,Aug. 01, 2023The Supreme Court ruled that a retired partner is not liable for a firm's excise duty dues incurred after retirement. The court found that the liability of a partner does not extend beyond the period of partnership.
CESTAT Ahmedabad Reduces Bank Guarantee for Provisional Release Based on Preced…
Customs & Excise,Aug. 01, 2023CESTAT Ahmedabad reduced the bank guarantee for the provisional release of imported dry dates for K.L. International. The tribunal found the circumstances similar to a previous case, leading to a proportionate reduction in the bank guarantee amount.
CESTAT Chennai: External Hard Disc Drives Eligible for Customs Duty Exemption
CESTAT Chennai ruled that external hard disc drives are eligible for customs duty exemption under Notification No. 12/2012-CE. The case revolved around the classification of these drives and their eligibility for exemption.
Customs & Excise,Aug. 01, 2023-
Customs & Excise , Aug. 01. 2023CESTAT Rules: Refund of Excess Excise Duty Eligible on Quantity Discount Extens…
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Customs & Excise , Aug. 01. 2023Uncorroborated Statements Insufficient for CHA License Revocation, Says CESTAT
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Customs & Excise , Aug. 01. 2023
CESTAT Rules: Refund Sanctioned After Due Verification Cannot Be Withheld on Va…
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Customs & Excise , Aug. 01. 2023CESTAT Rules Secondary Adjudication Under Customs Void Due to Pre-existing Adju…
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Customs & Excise , Aug. 01. 2023
Gujarat State Police Housing Corporation’s Residential Complex Exempt from Serv…
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