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CESTAT Kolkata

Invocation of extended period alleging mere non-payment of duties unjustified

September 7, 2023 819 Views 0 comment Print

CESTAT Kolkata held that exemption under notification 25/2012-ST available as activities undertaken is covered within the ambit of works assigned under Article 243W of the Constitution to be carried out by the Municipalities. Further, mere non-payment of duties is not equivalent to collusion or wilful mis-statement or suppression of facts and accordingly extended period cannot be invoked.

Cenvat Credit can be utilized for payment of service tax on import of services

September 5, 2023 918 Views 0 comment Print

CESTAT Kolkata held that Cenvat Credit can be utilized for payment of service tax on ‘import of services’. Accordingly, duty demand denying the same is unsustainable.

Suppression Required to Invoke Extended period of limitation, for SCN Issuance

September 4, 2023 1476 Views 0 comment Print

For issuance of SCN involving extended period of limitation, suppression has to be brought on record which has not been done in this case by revenue.

Revocation of Customs Broker licence as exporters untraceable during subsequent verification unjustified

August 31, 2023 1176 Views 0 comment Print

CESTAT Kolkata held that Customs Broker cannot be held responsible for the exporters found to not exist during subsequent verification undertaken by the officers. Accordingly, revocation of Customs Broker licence unjustified.

Flue Gas generated during manufacture of metallurgical coke is not a manufactured product

August 31, 2023 600 Views 0 comment Print

Explore the CESTAT Kolkata ruling on whether flue gas generated during metallurgical coke manufacturing is a manufactured product and subject to excise duty. Learn about the legal analysis and implications.

Overvaluation Allegation: Demand rejected due to Unexamined Bank Realisation Certificate

August 25, 2023 1089 Views 0 comment Print

CESTAT Kolkata held that duty demand alleging overvaluation cannot be sustained as authority didn’t considered details of Bank Realisation Certificate (BRC) which establishes full realization of value of export invoices from overseas importer.

Cenvat of service tax paid on Employees Health Insurance and Group Accidental Insurance Policy eligible

August 25, 2023 1503 Views 0 comment Print

CESTAT Kolkata held that CENVAT Credit of service tax paid on Employees Health Insurance and Group Accidental Insurance Policy is within the scope and ambit of input service as provided under Rule 2(l) of the Cenvat Credit Rules, 2004.

Case Law on confiscation of Iron Ore Fines in account of FE Contents more than 64%

August 19, 2023 1692 Views 0 comment Print

Vedanta Ltd. Vs Commissioner of Customs (Preventive) (CESTAT Kolkata) The Appellants have exported Iron Ore Fines declaring the Fe content therein to be less than 64%. Under seven Shipping Bills exports were completed for different overseas importers during the period 2010-2011. Before the shipment, samples were drawn by Customs officials in the presence of the […]

Transportation Charges in Assessable Value: CESTAT Kolkata Analysis

August 15, 2023 4275 Views 0 comment Print

Explore the analysis of the case Satya Megha Ispat Pvt. Ltd. vs Commissioner of Central Excise by CESTAT Kolkata regarding inclusion of transportation charges in assessable value. Understand the implications of FOR contracts and recent CBEC circulars.

Excise Duty cannot be demanded Solely on Sales Figure Discrepancy

August 13, 2023 780 Views 0 comment Print

Analysis of the CESTAT Kolkata case involving excise duty demand based on differences between balance sheet and ER-1 returns, highlighting the need for substantial evidence.

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