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CESTAT Kolkata

Service Tax demand merely on Form 26AS Not Sustainable: CESTAT Kolkata

February 15, 2024 1566 Views 0 comment Print

Rishu Enterprise vs. CGST & Excise: CESTAT Kolkata rules service tax demand unjustified solely on Form 26AS. Detailed analysis of the case provided.

Mere Two Set of Invoices Insufficient to Prove Clandestine Removal Without Evidence

February 15, 2024 513 Views 0 comment Print

CESTAT Kolkata overturns charges against Sharda Rerollers for alleged clandestine removal, emphasizing the need for corroborative evidence in such cases.

CESTAT Upholds Removal of Customs Duty Differential Demand on Imported ‘Poppy Seeds’

January 16, 2024 267 Views 0 comment Print

Read the full text of CESTAT Kolkata’s order on the Commissioner of Customs vs. Sawetri Trading Company case. Analysis reveals key factors influencing customs duty demand on Poppy Seeds.

Absence of Mensrea: Penalty Set Aside in Red Sanders Export Case

January 13, 2024 603 Views 0 comment Print

Chandan Chatterjee vs Commissioner of Customs – CESTAT Kolkata ruling on attempted red sanders export, Customs Broker penalty set aside. Full analysis of the case.

CESTAT Sets Aside Service Tax Demand as it was Based Solely on Income Tax Form 26AS

January 11, 2024 2175 Views 0 comment Print

Rajeshwar Prasad Choudhari challenges service tax demand based on Form 26AS data. CESTAT Kolkata sets aside order due to lack of evidence. Detailed analysis and key legal precedents.

Regulation 10(n) not mandate Customs Broker to physically verify address correctness

January 11, 2024 654 Views 0 comment Print

CESTAT Kolkata rules on Customs Broker’s compliance with CBLR. Sinha Shipping Agency wins against Customs Commissioner. Full text analysis of the order provided.

No Redemption Fine & Penalty if Customs Notification Compiled: CESTAT Kolkata

January 9, 2024 303 Views 0 comment Print

Read the CESTAT Kolkata order where non-imposition of redemption fine and penalty is upheld, ensuring compliance with Customs Notification. Full analysis here.

Shipping Bill Assessment cannot be Challenged Without Final Order: CESTAT

January 9, 2024 420 Views 0 comment Print

Explore the CESTAT Kolkata order on refund claims rejected due to shipping bill assessment. Learn about Section 17 (5) of the Customs Act and its implications for challenging assessments.

Valuation of iron ore set aside due to inordinate delay in testing samples

January 6, 2024 606 Views 0 comment Print

CESTAT Kolkata in the matter of valuation of iron ore held that inordinate delay in testing the sample is virtually suicidal to the outcome of the test results. Hence, valuation set aside.

Refund Claim Valid for Customs Duty paid via DEPB Scrip: CESTAT Kolkata

January 4, 2024 465 Views 0 comment Print

CESTAT Kolkata upholds refund claim by New Way Vyapaar Private Limited, stating customs duty paid through DEPB Scrip cannot be rejected. Full order analysis.

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