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CESTAT Kolkata

Latest Posts in CESTAT Kolkata

Customs Cannot Demand Duty After EODC unless DGFT challenges EODC

January 28, 2025 267 Views 0 comment Print

CESTAT found that Skipper Ltd. had fulfilled its obligations as verified by DGFT and Customs authorities, which had released performance bond. Judgment reiterated that once export obligation is certified as complete, customs authorities cannot demand duty or penalties unless DGFT challenges the EODC.

Sovereign functions performed by ADDA is exempt from service tax: CESTAT Kolkata

January 23, 2025 324 Views 0 comment Print

CESTAT Kolkata held that Asansol Durgapur Development Authority [ADDA] performing sovereign functions on behalf of the State Government of West Bengal is exempt from service tax. Accordingly, service tax not leviable.

CESTAT Condones Delay in Appeal Filing Due to Unclear date of Service of order

January 21, 2025 177 Views 0 comment Print

CESTAT Kolkata condones appeal delay due to lack of proof on service date in A.S. Enterprise vs. Customs case. Remands for merit-based review in 3 months.

Shipping Bills Cannot Be Finalized Based on Delayed CRCL Test Report (218 Days): Kolkata CESTAT

January 16, 2025 150 Views 0 comment Print

CESTAT Kolkata rules in Vedanta Ltd. case: CRCL’s delayed test report after 218 days invalidates export duty assessment, favoring refund claim for iron ore exports.

Penalty Deleted as LEO Signed Before Export: CESTAT Kolkata

January 15, 2025 366 Views 0 comment Print

CESTAT Kolkata rules in favor of Samudera Shipping, stating export occurred with LEO clearance, deleting Rs. 2,00,000 penalty imposed under Section 114 of Customs Act.

CESTAT Kolkata allows 12% Interest for 15-Year Refund Delay

January 14, 2025 273 Views 0 comment Print

CESTAT Kolkata rules Vedanta Ltd. entitled to 12% interest for 15-year delay in export duty refund due to delayed finalization of shipping bills by Paradeep Customs.

CESTAT Allow Interest @12% for Delay of 15 years in granting Export Duty Refund in account of Inaction by Kolkata Customs

January 10, 2025 231 Views 0 comment Print

CESTAT Kolkata grants Vedanta Ltd. 12% interest for a 15-year delay in export duty refund due to inaction by Kolkata Customs. Decision aligns with Section 27A of the Customs Act.

Allegations of clandestine removal require conclusive proof: CESTAT Kolkata

December 28, 2024 294 Views 0 comment Print

CESTAT Kolkata rejects Revenue’s case against Agrasen Sponge Pvt Ltd, citing lack of evidence for alleged clandestine removal and production discrepancies.

Iron Ore Export- CRCL/Customs Lab report cannot be basis for Final Assessment

December 16, 2024 405 Views 0 comment Print

CESTAT Kolkata ruled that the CRCL report cannot be the basis for export duty on iron ore fines, confirming contractual terms as the decisive factor.

Redemption fine and penalty reduced in case of import of green peas due to extension of restriction

November 8, 2024 369 Views 0 comment Print

CESTAT Kolkata taking a sympathetic view further reduced redemption fine and penalty on import of green peas due to extension of restriction. Redemption fine and penalty reduced to Rs. 25 Lakhs each.

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