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CESTAT Kolkata waives Penalty for Lack of Tax Evasion Evidence

October 2, 2023 558 Views 0 comment Print

Discover how CESTAT Kolkata ruled in favor of Guru Shipping & Clearing Pvt Ltd, waiving penalties due to a lack of evidence for tax evasion. Full text of the order.

Transaction value in Bill of entry cannot be rejected without cogent reasons

October 2, 2023 795 Views 0 comment Print

CESTAT Chennai sets aside excise duty demand on silk yarn, ruling that the transaction value cannot be rejected without cogent reasons. Full text of the order.

WMT Basis for Calculating Duty on Export of Iron Ore Fines prior to 1.5.2022

October 2, 2023 2637 Views 0 comment Print

Explore the Bagadiya Brothers Pvt. Ltd. vs. Commissioner of Customs (CESTAT Kolkata) case regarding the determination of duty on iron ore fines based on WMT.

No Penalty for non-fulfillment of export obligation under EPCG due to Court restrictions

October 2, 2023 5904 Views 0 comment Print

Explore the case of Commissioner of Customs (Port) vs. B R Marbles Pvt Ltd (CESTAT Kolkata) where penalties and interest were waived due to court-ordered delays.

No Service Tax on Construction Work Contracts Prior to June 1, 2007: CESTAT

October 1, 2023 3552 Views 0 comment Print

CESTAT held that here is no liability to pay tax under Commercial or Industrial Construction Service on construction of Dykes, Internal Roads and other civil miscellaneous works during the period under dispute which is prior to 01.06.2007

Exemption benefit available to waste, gums, fatty acids arising during manufacture of vegetable oil

September 30, 2023 705 Views 0 comment Print

CESTAT Chandigarh held that that waste, gums, fatty acids etc. arising during the course of manufacture of vegetable oils are eligible for the exemption Notification No.89/95-CE dated 18.09.1995.

Service Tax Demand merely based on Calculation Sheets quashed by CESTAT

September 30, 2023 777 Views 0 comment Print

In the case of Pearls Buildwell Infrastructure Limited vs. Commissioner of Central Excise & Service Tax, CESTAT Chandigarh quashes service tax demand due to insufficient evidence.

Refund not filed within 6 months from issue of notification no. 11/2017-CE (NT) rejected as time-barred

September 30, 2023 960 Views 0 comment Print

CESTAT Delhi held that refund of excise duty paid on Henna Powder and Henna Paste in terms of notification no. 11/2017-CE (NT) dated 24.04.2017 rejected as refund claim was not filed within a period of six months from the date of issuance of notification.

Taxable services provided for transmission and distribution of electrical energy is exempt from service tax

September 30, 2023 2931 Views 0 comment Print

CESTAT Chennai held that all taxable services provided for the transmission and distribution of electrical energy are exempt from the liability to service tax during the impugned period. Accordingly, demand of service tax, interest and penalty set aside.

CESTAT Rules Denial of Interest on Cenvat Credit Refund After 3 Months Not Legal

September 30, 2023 630 Views 0 comment Print

Analysis of CESTAT Delhi’s decision in Shakti Pumps (India) Ltd. vs. Commissioner of Central Goods & Service regarding the denial of interest on a refund of Cenvat Credit.

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