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CESTAT Kolkata

Denial of CENVAT credit on grounds different from original issue unjustified: CESTAT

August 12, 2023 618 Views 0 comment Print

CESTAT Kolkata grants relief to Tata Motors, quashing denial of CENVAT credit on excise duty due to genuine disclosure of transporters’ copy of invoice.

CESTAT upholds Service Tax Demand on ONGC Service provider

August 9, 2023 975 Views 0 comment Print

Read the CESTAT Kolkata order upholding the service tax demand on Mridul Phukan for providing taxable service to ONGC under commercial or industrial construction service.

Penalty would be applicable for Illegal Undervaluation of Imported Goods: CESTAT

August 8, 2023 1953 Views 0 comment Print

In present facts of the case, demand of Custom duty was dropped as Bill of Entries were in the name of some different entities but the penalties were confirmed as the Appellant were actively involved in import of the goods and undervalued the same.

Recovery of Excise Duty: CESTAT Kolkata orders re-adjudication in Surya Coke case

August 8, 2023 534 Views 0 comment Print

CESTAT Kolkata orders re-adjudication in the Surya Coke case against recovery of arrears of Central Excise Duty for 2011-2014. Read the details.

Charge of Clandestine manufacture & removal without corroborate evidence unsustainable

August 6, 2023 963 Views 0 comment Print

CESTAT Kolkata held that charge of clandestine removal of goods without sufficient, cogent and tangible evidence is unsustainable. In the present case, the Revenue has not brought in any evidence to corroborate the allegation that the Appellant were the actual manufacturers of the cigarettes. Accordingly, demand unsustainable.

Data collection/ analysis, manpower mobilization, training supervision not classifiable as Management Consultancy Service

August 5, 2023 1215 Views 0 comment Print

CESTAT Kolkata held that data collection and analysis, manpower mobilization, liaison, training supervision cannot be classified under ‘Management Consultancy Service’ and hence demand of service tax set aside.

Duty Demand Quashed: No Evidence for Clandestine Goods Removal

August 5, 2023 1725 Views 0 comment Print

Analysis of Asian Plywood Industries Vs CGST & Excise case where demand of customs duty is quashed due to lack of evidence for clandestine goods removal.

CESTAT Directs Re-Examination of Clandestine Goods Removal Case as Witness not examined

August 1, 2023 612 Views 0 comment Print

CESTAT orders re-consideration of a case involving Ashoka Re-Rolling Mills Private Ltd, concerning alleged clandestine removal of goods. Discover more here.

Calibration tests and upgradation/ configuration as per customer’s requirement doesn’t amount to manufacture

July 27, 2023 582 Views 0 comment Print

CESTAT Kolkata held that activity undertaken by the appellant as calibration tests and upgradation/configuration of the appliances according to the requirements/specifications of the customers, does not amount to manufacture as no new product came into existence. Hence, demand unsustained.

Subsequent suspension cannot affect duty free import as DFIA license was valid at the time of import

July 27, 2023 1755 Views 0 comment Print

CESTAT Kolkata held that activity undertaken by the appellant as calibration tests and upgradation/configuration of the appliances according to the requirements/specifications of the customers, does not amount to manufacture as no new product came into existence. Hence, demand unsustained.

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