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CESTAT Kolkata

Transportation Charges in Assessable Value: CESTAT Kolkata Analysis

August 15, 2023 3780 Views 0 comment Print

Explore the analysis of the case Satya Megha Ispat Pvt. Ltd. vs Commissioner of Central Excise by CESTAT Kolkata regarding inclusion of transportation charges in assessable value. Understand the implications of FOR contracts and recent CBEC circulars.

Excise Duty cannot be demanded Solely on Sales Figure Discrepancy

August 13, 2023 528 Views 0 comment Print

Analysis of the CESTAT Kolkata case involving excise duty demand based on differences between balance sheet and ER-1 returns, highlighting the need for substantial evidence.

Denial of CENVAT credit on grounds different from original issue unjustified: CESTAT

August 12, 2023 288 Views 0 comment Print

CESTAT Kolkata grants relief to Tata Motors, quashing denial of CENVAT credit on excise duty due to genuine disclosure of transporters’ copy of invoice.

CESTAT upholds Service Tax Demand on ONGC Service provider

August 9, 2023 672 Views 0 comment Print

Read the CESTAT Kolkata order upholding the service tax demand on Mridul Phukan for providing taxable service to ONGC under commercial or industrial construction service.

Penalty would be applicable for Illegal Undervaluation of Imported Goods: CESTAT

August 8, 2023 1281 Views 0 comment Print

In present facts of the case, demand of Custom duty was dropped as Bill of Entries were in the name of some different entities but the penalties were confirmed as the Appellant were actively involved in import of the goods and undervalued the same.

Recovery of Excise Duty: CESTAT Kolkata orders re-adjudication in Surya Coke case

August 8, 2023 297 Views 0 comment Print

CESTAT Kolkata orders re-adjudication in the Surya Coke case against recovery of arrears of Central Excise Duty for 2011-2014. Read the details.

Charge of Clandestine manufacture & removal without corroborate evidence unsustainable

August 6, 2023 567 Views 0 comment Print

CESTAT Kolkata held that charge of clandestine removal of goods without sufficient, cogent and tangible evidence is unsustainable. In the present case, the Revenue has not brought in any evidence to corroborate the allegation that the Appellant were the actual manufacturers of the cigarettes. Accordingly, demand unsustainable.

Data collection/ analysis, manpower mobilization, training supervision not classifiable as Management Consultancy Service

August 5, 2023 771 Views 0 comment Print

CESTAT Kolkata held that data collection and analysis, manpower mobilization, liaison, training supervision cannot be classified under ‘Management Consultancy Service’ and hence demand of service tax set aside.

Duty Demand Quashed: No Evidence for Clandestine Goods Removal

August 5, 2023 909 Views 0 comment Print

Analysis of Asian Plywood Industries Vs CGST & Excise case where demand of customs duty is quashed due to lack of evidence for clandestine goods removal.

CESTAT Directs Re-Examination of Clandestine Goods Removal Case as Witness not examined

August 1, 2023 309 Views 0 comment Print

CESTAT orders re-consideration of a case involving Ashoka Re-Rolling Mills Private Ltd, concerning alleged clandestine removal of goods. Discover more here.

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