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CESTAT Kolkata

Show Cause Notice Issued Under Wrong Section Void: CESTAT Kolkata

October 24, 2023 1875 Views 0 comment Print

The Commissioner of Customs vs. Axis Shipping Agency case: CESTAT Kolkata rules issuance of show cause notice under Section 124 of Customs Act for Customs Broker license void ab initio.

Duty demand based on data from computer print-out without corroborative evidence unsustainable

October 23, 2023 1158 Views 0 comment Print

CESTAT Kolkata held that the data resumed from the computer print out alone cannot be relied upon to demand duty, without any corroborating evidence. Accordingly, duty demand set aside.

Transport of Goods with Loading and Shifting from Private Railway Siding to Stacking Yard Classified as GTA Service

October 23, 2023 4269 Views 0 comment Print

CESTAT Kolkata quashes the service tax demand on cargo handling service in the case of Usha Martin Limited vs. Commissioner of Central Excise. Details and analysis.

70% Max Depreciation Allowed on Imported Second-Hand Machines: CESTAT Kolkata

October 22, 2023 5847 Views 0 comment Print

In the India Potteries Ltd. vs. Commissioner of Customs case, CESTAT Kolkata rules 70% max depreciation on imported second-hand machines. Full order analysis.

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

October 22, 2023 420 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 879 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 711 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 1014 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 897 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 690 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.

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