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CESTAT Kolkata

When no other price available at time of stock transfer value should be determined via best judgment method

June 24, 2023 474 Views 0 comment Print

CESTAT Kolkata held that when there is no other price available at the time of clearance of the goods from the factory to depot on stock transfer basis, the only way available is to determine the assessable value based on the best judgment method.

CESTAT Quashes Excise Duty Demand on Cenvated Inputs used in Job Work

June 24, 2023 225 Views 0 comment Print

Delve into the Rama Ferro Alloys & Finance Private Limited Vs Commissioner of CGST & CX case where CESTAT Kolkata rules in favour of the appellant regarding utilization of cenvated inputs in job work.

Service Tax Refund Claim Filed Beyond Time Limit – CESTAT Upholds Rejection

June 23, 2023 1557 Views 0 comment Print

CESTAT Kolkata decision in Om India Trading Company Private Limited Vs Commissioner of CGST & Central Excise case, upheld the rejection of a service tax refund claim filed beyond stipulated time limit under Section 11B of Central Excise Act.

Goods not meeting requirements of under Chapter Note 4 of Chapter 27 cannot be classified under CTH 27101920

June 22, 2023 1131 Views 0 comment Print

CESTAT Kolkata held that for the purpose of sub heading 27101920, the “light oils and preparations” are those of which 90% or more by volume (including losses) distil at 210 degree Celsius. Goods not meeting the requirements as specified under Chapter Note 4 of Chapter 27 cannot be classified under CTH 27101920.

No Service Tax on Coal Mines Provident Fund Organization’s Administrative Charges

June 22, 2023 849 Views 0 comment Print

CESTAT Kolkata upholds that Coal Mines Provident Fund Organization (CMPFO) is not liable to pay service tax on administrative charges in the absence of service provider-recipient relationship and consideration.

Entry under Section 65(105)(zzd) can be invoked only for construction simpliciter

June 22, 2023 582 Views 0 comment Print

A comprehensive review of the case National Building Construction Corporation Limited vs Commissioner of Central Excise & Service Tax, exploring the impact of the correct classification under Section 65(105)(zzd) for construction contracts.

Doctrine of Unjust Enrichment inapplicable when appellant made disputed Payment

June 21, 2023 807 Views 0 comment Print

Delve into judgment of CESTAT Kolkata in the case of Pecon Computech Pvt Ltd Vs Commissioner of CGST & Excise, underlining non-applicability of unjust enrichment in context of Service Tax refunds

Extended period not invocable in subsequent notice when prior notice already issued on same subject

June 20, 2023 2280 Views 0 comment Print

CESTAT Kolkata held that the extended period of limitation cannot be invoked in subsequent show cause notice, where the Department has earlier issued Show Cause Notice in respect of the same subject-matter.

Interest not leviable when wrongly availed Cenvat credit is not utilized

June 20, 2023 1518 Views 0 comment Print

CESTAT Kolkata held that as per substituted provisions of Rule 14 of the CENVAT Credit Rules, interest is not leviable where wrongly availed credit is only taken but not utilized.

Operational or administrative assistance or infrastructural support falls within Business Support Service

June 19, 2023 501 Views 0 comment Print

CESTAT Kolkata held that providing operational or administrative assistance in any manner or providing infrastructural support service or managing distribution and logistics service, fall within the ambit of ‘Business Support Service’.

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