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CESTAT Kolkata

Benefit of notification 2/2008-CE and 4/2006-CE available to 100% EOU for clearance in DTA

November 1, 2023 414 Views 0 comment Print

CESTAT Kolkata held that 100% EOU for clearance in DTA is entitled for benefit of notification no. 2/2008-CE dated 01.03.2006 for clearance of Linear Alkyl Benzene Sulphuric Acid and notification no. 4/2006-CE dated 01.03.2006 for clearance of Spent Sulphuric Acid.

CESTAT directs consideration of Fresh CA’s Certificate in SAD refund Dispute

November 1, 2023 426 Views 0 comment Print

CESTAT Kolkata directs re-adjudication on customs duty demand for SAD refund after finding that the Chartered Accountant’s Certificate was not authentic. Details and implications discussed.

CESTAT Quashes Penalty on CA under Central Excise Rule 26 for Proper Certificate

November 1, 2023 264 Views 0 comment Print

CESTAT Kolkata sets aside a penalty of Rs.50,000 imposed on a Chartered Accountant (CA) under Rule 26 of the Central Excise Rules, 2002, due to proper issuance of a certificate.

One-Time Premium/Salami for Property Interest Transfer Not Subject to Service Tax

November 1, 2023 2940 Views 0 comment Print

CESTAT Kolkata held that one time payment, in the form of Premium or Salami for transfer of interest in the property cannot be equated as rent and hence the same is not exigible to the service tax. Accordingly, demand of service tax set aside.

No Penalty on CHA for Overvaluation in Export: CESTAT Kolkata

November 1, 2023 663 Views 0 comment Print

CESTAT Kolkata’s order regarding the penalty imposed on CHA M/s United Custom House Agency for their alleged role in improper export overvaluation.

Limitation period cannot be extended for interpretation issue with no suppression

November 1, 2023 747 Views 0 comment Print

CESTAT Kolkata quashes penalty in a service tax case related to testing, inspection, and certification services due to a limitation issue.

CESTAT Kolkata Dismisses Time-Barred Custom Appeal

November 1, 2023 639 Views 0 comment Print

CESTAT Kolkata dismisses an appeal as it was filed beyond the condonable period specified by Section 128 of the Customs Act. Learn more about the case.

CESTAT Appeals dismissed, in consequence to NCLT Order

October 31, 2023 378 Views 0 comment Print

Learn about the dismissal of CESTAT appeals following the NCLT order in the case of Commissioner of Customs vs Ferro Alloys Corporation Ltd.

Importer cannot be forced to follow non-beneficial provision: CESTAT Kolkata

October 30, 2023 636 Views 0 comment Print

Held that the importer is allowed to choose the more beneficial provision and cannot be forced to opt for / follow the non-beneficial provision. Accordingly, the goods in question Peas [Pisum Sativum] was present both in Sl No.20 and Sl No.20A of the basic Notification No.50/2017 Cus dated 30.6.2017 and hence assessee eligible to avail benefit of NIL rate of BCD.

Excise Duty is leviable on Coal Clearances from Sister Concern Units

October 30, 2023 327 Views 0 comment Print

CESTAT Kolkata upheld the imposition of excise duty on coal clearances from sister units. However, the Show Cause Notice was challenged on the grounds of limitation.

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