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CESTAT Kolkata

Other services naturally bundled with principal service of transportation is classifiable under GTA service

October 10, 2023 624 Views 0 comment Print

CESTAT Kolkata held that composite contract involving transportation of goods and loading/unloading, packing/unpacking, etc. will be treated as a contract for transportation only as the other services are naturally bundled together with the principal service of transportation. Accordingly, service tax leviable under GTA service and not under cargo handling service.

Cenvat Credit Eligibility Cannot Be Challenged During Refund Claim if Not Questioned During Availment and Utilization

October 10, 2023 423 Views 0 comment Print

CESTAT Kolkata rules that objections on the eligibility of credit cannot be raised when filing refund claims, providing relief to Infosys Technologies Ltd.

Advertising Corporation of India Liable for Service Tax on Govt Advertising

October 10, 2023 513 Views 0 comment Print

In the case of The Advertising Corporation of India Private Limited vs. Commissioner of Service Tax, CESTAT Kolkata rules on service tax liability and exemptions. Learn the detailed analysis and outcome.

Notification 25/2012-ST exempts works contract service related to railway

October 9, 2023 3147 Views 0 comment Print

CESTAT Kolkata held that works contract service including sub-contracts related to Railway is exempted from service tax vide notification no. 25/2012-ST dated 20th June 2012.

Interest not leviable in case of revenue neutral situation

October 7, 2023 3348 Views 0 comment Print

CESTAT Kolkata held that payment of interest doesn’t arise in the case of revenue neutral situation and hence no interest is payable by the appellant.

Refunds Based on Legal Interpretations Should be Exempt from Recovery due to Subsequent Legal Changes

October 4, 2023 492 Views 1 comment Print

Explore CESTAT Kolkata verdict in Alkem Health Science vs. Commissioner of CGST & CX, addressing refund claims related to education cess and higher education cess.

Service tax not leviable on amount being reimbursed on actual basis

October 4, 2023 954 Views 0 comment Print

CESTAT Kolkata held that reimbursement for miscellaneous activities by Clearing and Forwarding Agents from their clients being reimbursed on actual basis is not includible in value of taxable service and hence service tax not leviable.

Rule 6 of CCR Not Applicable as Nil duty rate on Honey not makes it exempt

October 3, 2023 303 Views 0 comment Print

Discover how Dabur India Limited secured a favorable CESTAT Kolkata ruling. Learn why honey is not considered an exempted good and how Rule 6 of CCR does not apply.

CESTAT Directs Swift Resolution for Live Consignment Pending Without Justifiable Reasons

October 2, 2023 126 Views 0 comment Print

CESTAT Kolkata directs re-adjudication of a live consignment pending without justiciable reasons. Full text of the CESTAT order regarding M/s IB Turbo Pvt. Ltd.

CESTAT Kolkata waives Penalty for Lack of Tax Evasion Evidence

October 2, 2023 312 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.

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