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Tag: CESTAT Delhi

GST ArticlePre-GST

Appellant is entitled to interest from the date of deposit to the date of refund

byCA Bimal Jain13/11/202213/11/2022

The CESTAT, New Delhi in the matter of M/s BBM Impex Pvt. Limited v. Principal Commissioner of Customs (Preventive) [Customs Early Hearing Application No.50414 of 2022 with Customs Appeal No. 51662 of 2022-SM] has held that, the appellant is entitled…

GST ArticlePre-GST

CESTAT: Demand of duty of Rs. 163 Crore based on assumptions is not permissible

byCA Bimal Jain05/10/202205/10/2022

The CESTAT, Delhi in M/s Miraj Products Pvt. Ltd. V. Commissioner, Central Goods & Service Tax [Final Order Nos. 50804 – 50805/2022 dated September 02, 2022] held that the assessing authority has not found any undeclared machines in the manufacturing…

GST ArticlePre-GST

Voluntary deposit made during investigation and appropriated against the demand cannot be treated as pre-deposit and thus cannot be refunded

byCA Bimal Jain13/09/202213/09/2022

The Hon’ble Customs, Excise & Service Tax Appellate Tribunal, New Delhi (“the CESTAT”) in the matter of Sky Airways v. Commissioner of Customs (Appeals), New Delhi [Final Order No. 50715 of 2022 dated August 12, 2022] dismissed the appeal stating…

GST ArticlePre-GST

Excise duty cannot be demanded for clandestine removal based on third party evidence

byCA Bimal Jain13/08/202213/08/2022

The CESTAT, New Delhi in the matter of M/s Shri Shyam Ingot & Castings Pvt. Ltd. v. Commissioner of Customs & Central Excise [Excise Appeal No. 52550 of 2019-SM dated August 08, 2022] held that there shall be consonance between the…

GST ArticlePre-GST

Waiver of pre-deposit is not tenable on account of financial inability

byCA Bimal Jain13/08/202213/08/2022

The CESTAT, New Delhi in the matter of M/s Prem Kumar Ojha v. Commissioner of Customs-Jaipur I [Customs Miscellaneous Application No. 50245 of 2022 dated July 04, 2022] held that, in view of the afore-mentioned decisions by the Hon’ble Supreme Court…

GST ArticlePre-GST

Service tax cannot be levied under RCM for letting out of residential property by Director to the Company

byCA Bimal Jain07/08/202207/08/2022

The CESTAT, Delhi in the matter of M/s Mec Shot Blasting Equipment Ltd v Commissioner, CGST [ORDER NO. 50626 / 2022 dated July 18, 2022] has held that the service tax cannot be levied on the company for payment of…

Judgment-Orders

CENVAT Credit cannot be claimed on expenses incurred on CSR: Delhi CESTAT

byAdmin16/06/202216/06/2022

The Delhi Bench of Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has held that expenses incurred by a person on activities related to its Corporate Social Responsibility (CSR) cannot be termed as input services and thus, CENVAT Credit cannot…

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