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CESTAT Kolkata

Service Tax on fabrication work for Indian Railways: CESTAT Directs Re-adjudication

November 12, 2023 294 Views 0 comment Print

CESTAT Kolkata’s ruling in the case of Commr. of CGST & Central Excise vs. Calcutta Springs Ltd. regarding service tax demand on fabrication works for Indian Railways without corroborative evidence.

SAD Refund on Shoe Import cannot be rejected if rejection Grounds not in SCN

November 12, 2023 375 Views 0 comment Print

CESTAT Kolkata quashes the rejection of a refund claim on Special Additional Duty (SAD) paid for shoe imports, citing non-inclusion of an allegation in the show cause notice.

CHA License & Security Deposit Unaffected Without Direct Involvement: CESTAT

November 12, 2023 369 Views 0 comment Print

CESTAT Kolkata case – Mishra & Mishra (Agency) Enterprises vs. Commissioner of Customs. Learn how CHA licenses cannot be revoked without direct involvement.

Excise Duty payable on Free Physician Samples Based on Transaction Value

November 10, 2023 432 Views 0 comment Print

CESTAT Kolkata rules on excise duty for physician samples distributed free of cost by medicament manufacturers. Analysis of the case of Parker Robinson Private Limited vs. CCE.

No Service Tax on discount allowed to charterer in chartering business 

November 9, 2023 444 Views 0 comment Print

Explore Apeejay Shipping vs. CST (CESTAT Kolkata) case, addressing service tax on ‘Address Commission’ in chartering. Learn legal arguments and CESTAT Kolkata’s favorable ruling.

Penalty u/r 26 of CER, 2002 leviable as involvement in clandestine manufacture and clearance established

November 7, 2023 207 Views 0 comment Print

CESTAT Kolkata held that penalty under rule 26 of the Central Excise Rules 2002 leviable as involvement in clandestine manufacture and clearance is well established.

Supplier of chassis to body-builder who receives body-built vehicle is not manufacturer of body-built vehicle

November 6, 2023 567 Views 0 comment Print

CESTAT Kolkata held that the Appellant is merely supplies the chassis to body-builder and receives the body-built vehicle from the body-builder. Accordingly, Appellant is not the manufacturer of the body-built vehicle. Hence, demand of duty unsustainable.

CESTAT Confirms Customs Duty Value Increase for Digital Multi-Function Printer

November 5, 2023 588 Views 0 comment Print

CESTAT Kolkata’s decision to uphold the enhanced value of customs duty on a multi-function printer based on a chartered engineer’s estimation.

Benefit of preferential rate vide notification 53/2011-Cus allowed as Certificate of Origin submitted

November 4, 2023 438 Views 0 comment Print

CESTAT Kolkata held that benefit of preferential rate vide Notification 53/2011-Cus dated 01.07.2011 not deniable as Certificate of country of origin from Malysia Chamber of Commerce for subsequent import of identical goods afterward submitted.

Reversal under rule 6(3) of CCR, 2004 doesn’t apply when CENVAT attributable to non-excisable goods not availed

November 4, 2023 234 Views 0 comment Print

CESTAT Kolkata held that provisions of rule 6(3) of the CENVAT Credit Rules, 2004 is not applicable when CENVAT Credit attributable to non-excisable goods not availed. Accordingly, demand set aside.

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