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CESTAT Kolkata

Calibration tests and upgradation/ configuration as per customer’s requirement doesn’t amount to manufacture

July 27, 2023 309 Views 0 comment Print

CESTAT Kolkata held that activity undertaken by the appellant as calibration tests and upgradation/configuration of the appliances according to the requirements/specifications of the customers, does not amount to manufacture as no new product came into existence. Hence, demand unsustained.

Subsequent suspension cannot affect duty free import as DFIA license was valid at the time of import

July 27, 2023 585 Views 0 comment Print

CESTAT Kolkata held that activity undertaken by the appellant as calibration tests and upgradation/configuration of the appliances according to the requirements/specifications of the customers, does not amount to manufacture as no new product came into existence. Hence, demand unsustained.

Service Tax on payments for CAMPA & NPV Clearances by Forest Department

July 26, 2023 2901 Views 0 comment Print

Whether payment made to the CAMPA Fund under the head Net Present Value (NPV), Compensatory afforestation, etc. to the Forest Department for obtaining various clearances for diversion of forest land for non-forestry purposes (mining) is a ‘Declared Service’ provided by the Government under Section 66E(e) so as to attract Service Tax liability under RCM.

Calibration Tests & Appliance Upgrades don’t Constitute Manufacturing

July 25, 2023 186 Views 0 comment Print

CESTAT Kolkata held that activity undertaken by the appellant as calibration tests and upgradation/configuration of the appliances according to the requirements/specifications of the customers, does not amount to manufacture as no new product came into existence.

Cenvat Credit availed based on duty paying documents cannot be denied

July 23, 2023 606 Views 0 comment Print

CESTAT Kolkata held that Cenvat Credit availed on the strength of duty paying documents cannot be denied alleging that invoices issued by manufacturer were not genuine.

CESTAT Kolkata Upholds Confiscation of Betel Nuts and imposition of Penalty

July 21, 2023 435 Views 0 comment Print

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Kolkata has upheld the seizure of Betel Nuts and the imposition of penalties, dismissing the appeal by Sunil Kumar Yadav, who claimed ownership of the goods.

Confiscation of Gold Bars & Penalty based on Retracted Statements Unsustainable

July 21, 2023 1512 Views 0 comment Print

CESTAT Kolkata held that confiscation of gold bars and imposition of penalty thereon on the basis of retracted statements without proving that the gold bars are smuggled in nature is unsustainable.

Order confirming demand under ‘Cargo Handling Service’ which was not proposed in notice is unsustainable

July 19, 2023 528 Views 0 comment Print

CESTAT Kolkata held that there was no proposal to demand service tax under ‘Cargo Handling Service’ in the Notice, however, in the impugned order the adjudicating authority classified the services under ‘Cargo Handling Service’. Hence, adjudicating authority has travelled beyond the scope of the Notice, which is legally not sustainable.

Clandestine Removal Charges not Sustainable based on Audit Report vs ER-1 Return

July 18, 2023 819 Views 0 comment Print

CESTAT Kolkata judgment, where Micky Metals Limited successfully challenged a claim of clandestine removal based solely on discrepancies in audit report and ER-1 return figures. Understand the implications and insights from the case ruling.

No Penalty When Service Tax Paid with Interest Pre-Issuance of SCN

July 17, 2023 2601 Views 0 comment Print

Understand the pivotal judgment of CESTAT in the case between National Power Engineering Company and the Commissioner of CGST & Central Excise, where no penalty was imposed after entire service tax and interest were paid before the issuance of the Show Cause Notice.

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