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CESTAT Kolkata

Reversal under rule 6(3) of CCR, 2004 doesn’t apply when CENVAT attributable to non-excisable goods not availed

November 4, 2023 474 Views 0 comment Print

CESTAT Kolkata held that provisions of rule 6(3) of the CENVAT Credit Rules, 2004 is not applicable when CENVAT Credit attributable to non-excisable goods not availed. Accordingly, demand set aside.

Fabric containing Cotton and Polyester is classifiable under CTH 52113190

November 3, 2023 1554 Views 0 comment Print

CESTAT Kolkata held that fabric containing both Cotton and polyester in the ratio of 79.2% and 16.8% respectively is rightly classifiable under the CTH 52113190 as Cotton Polyester fabric. Accordingly, demand of differential duty of customs set aside.

Notification 41/2012-ST Covers Refund of Swachh Bharat & Krishi Kalyan Cess

November 2, 2023 1293 Views 0 comment Print

CESTAT Kolkata held that notification no. 41/2012-ST grants refund of service tax paid on the taxable services used for export of goods. The said refund includes refund of Swachh Bharat Cess (SBC) and Krishi Kalyan Cess (KKC) too.

No Provision to Reverse Capital Goods Cenvat Credit for Damage, Wear & Tear

November 2, 2023 768 Views 0 comment Print

Learn how the CESTAT Kolkata ruled that no provision exists to reverse CENVAT credit on capital goods due to damage and wear & tear. Get insights into the case of East India Holding Pvt. Ltd. vs. Commissioner of CGST & Central Excise.

Interest not payable if sufficient cenvat credit lying in cenvat credit account

November 2, 2023 1065 Views 0 comment Print

n the Vodafone Essar East Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) case, interest is not payable if sufficient cenvat credit lies in the account. This article delves into the case and analyzes the legal perspective.

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

November 1, 2023 528 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 705 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 390 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 3867 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 1074 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.

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