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CESTAT Kolkata

No Service Tax on Renting of Immovable Property Before 01.06.2007: CESTAT

October 22, 2023 222 Views 0 comment Print

CESTAT Kolkata rules that service tax is not applicable to rent received for immovable property services prior to June 2007. Details of the case and the verdict explained.

No Service Tax on Non-Commercial Sports Complex Construction: Kolkata HC

October 21, 2023 609 Views 0 comment Print

Kolkata High Court recently ruled that services provided during construction of a non-commercial sports complex are exempt from service tax.

Rejection of declared value based on NIDB data on similar goods unsustainable

October 21, 2023 414 Views 0 comment Print

CESTAT Kolkata held that rejection of declared value based on NIDB data on similar goods unsustainable. Accordingly, differential duty demand and imposition of penalty thereon is unsustainable.

Rejection of application for fixation of special rate to new industrial units set up in North-Eastern States unjustified

October 21, 2023 420 Views 0 comment Print

CESTAT Kolkata held that rejection of application for fixation of special rate under notification no. 32/99-CE and notification no. 31/2008-CE to new industrial units set up in North-Eastern States is incorrect and are in violation of law.

Transaction value will be assessable value when buyer and seller are unrelated and price is sole consideration

October 20, 2023 483 Views 0 comment Print

CESTAT Kolkata held that when buyer and seller are not related and the price is the sole consideration, the transaction value at the time and place of export will be the assessable value. Accordingly, customs duty paid at higher assessable value is directed to be refunded.

Demand for Non-Maintenance of Separate Account in Final Exempted Service Unwarranted; Cenvat Credit Reversal Adequate

October 19, 2023 504 Views 0 comment Print

CESTAT Kolkata quashes Excise Duty demand on Super Smelters Limited for non-maintenance of separate accounts for input services used in exempted trading activities. Analysis and implications.

Circular cannot impose new condition and restrict scope of exemption notification

October 18, 2023 1029 Views 0 comment Print

CESTAT Kolkata held that circular cannot impose new condition and restrict scope of the exemption notification. Accordingly, demand of customs duty based on condition imposed vide circular no. 24/98- Cus unjustified.

Order remanding matter set aside as all elements already considered at time of finalization of provisional assessment

October 18, 2023 528 Views 0 comment Print

CESTAT Kolkata held that order of Commissioner (A) remanding the matter set aside as the Order-in-Original passed by the Deputy Commissioner has taken into account all such elements at the time of finalisation of provisional assessment.

Goods imported by research institution is exempt from payment of customs duty

October 17, 2023 612 Views 0 comment Print

CESTAT Kolkata held that the Hydraulic Study Department of Calcutta Port Trust were eligible for the benefit of Notification No. 71/80-Cus dated 26.03.1981 and Notification No. 152/94-Cus dated 13.07.1994. Notification exempts goods which are imported by research institution from payment of customs duty.

Copyright Services on Original Artistic Works Exempt from Service Tax

October 14, 2023 705 Views 0 comment Print

A recent CESTAT Kolkata ruling clarifies that copyright services related to original artistic works are exempt from service tax under Section 65(zzzzt) of Finance Act.

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