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Rajeev Kumar Agarwal

Latest Posts by Rajeev Kumar Agarwal

GST Demand When Case is Revenue Neutral: ITC Claimed in GST Annual Return

May 28, 2024 2028 Views 0 comment Print

Calcutta High Court sets aside GST Cess demand on cigarettes, ruling in favor of Ankit Kumar Agarwal, citing revenue neutrality and timely filed annual return.

Extended period of limitation cannot be invoked to raise demand of IGST portion of Customs duty which is available as ITC in GST Regime

April 10, 2024 774 Views 0 comment Print

Learn about Himadri Speciality Chemical Ltd. Vs Pr. Commissioner of Customs Visakhapatnam (CESTAT Hyderabad) and the implications of invoking extended limitation for IGST demand.

Clean Energy Cess on coal closing stock as of June 30, 2017, not leviable post-GST

January 6, 2024 1842 Views 0 comment Print

Explore the CESTAT Delhi ruling on the levy of Clean Energy Cess on coal closing stock as of June 30, 2017, its implications, and the decisive factors involved.

Service Tax on payments for CAMPA & NPV Clearances by Forest Department

July 26, 2023 3339 Views 0 comment Print

Whether payment made to the CAMPA Fund under the head Net Present Value (NPV), Compensatory afforestation, etc. to the Forest Department for obtaining various clearances for diversion of forest land for non-forestry purposes (mining) is a ‘Declared Service’ provided by the Government under Section 66E(e) so as to attract Service Tax liability under RCM.

Service Tax on Compensation received by Buyer on Cancellation of Agreement to Sell an Immovable Property

June 24, 2023 1236 Views 0 comment Print

CESTAT Kolkata rules compensation received by Buyer on cancellation of Agreement to Sell immovable property not subject to Service Tax under Section 66E(e). Observes compensation for non-fulfillment by Seller doesn’t fall under ‘Declared Service’.

CENVAT Credit on Commission Agents Services – Calcutta High Court

October 9, 2022 1416 Views 2 comments Print

A vexed issue, being eligibility of CENVAT credit on Sales Commission Agent’s Services, post the judgment of the Hon’ble Gujarat High Court in Cadila Healthcare Limited, came up before the Division Bench of Hon’ble Calcutta High Court. The period in dispute in this case was from 2011 to 2016.

Electricity generated from Waste Gas cannot be classified HSN 2716

July 22, 2022 1194 Views 0 comment Print

HC held that electricity generated from Waste Gas cannot be classified under chapter heading 2716 and hence, cannot be said to be exempted goods, since not excisable goods so as to warrant reversal of credit

Agreeing to Tolerate an Act or a Situation under GST

February 27, 2022 32454 Views 0 comment Print

In this article, I will discuss various situations having taxability implications under a deeming fiction. For the first time with the introduction of Negative List based Service Taxation, effective from 1st July 2012, a separate class of service, termed as ‘Declared Service’, was introduced under Section 66E.

Service Tax on Coal Block Cancellation Compensation

November 10, 2021 5298 Views 0 comment Print

Hon’ble CESTAT, Kolkata Bench, vide its Order No. 75689/2021 dated 10.11.2021 has pronounced its judgement on a very important and vexed issue, in favour of the assessee, which will benefit many Corporates which have received similar demand notices for levy of Service Tax on the compensation amount received by them, consequent to cancellation of coal blocks by the Hon’ble Supreme Court in 2014, by invoking the provisions of Section 66E(e) of the Finance Act, 1994.

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