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CESTAT Kolkata

CESTAT explains exercise of Option under Cenvat Credit Rule 6(3)(i)

July 28, 2020 6582 Views 0 comment Print

The issue under consideration is whether the appellant, Tata Steel, was entitled to avail option under Rule 6(3)(ii) of the Cenvat Credit Rules?

Actual Cost of Production as Assessable Value will be charged in Inter-Unit Transfer of Goods

July 20, 2020 2682 Views 0 comment Print

The issue under consideration is whether assessee is justified in reducing the assessable value to the actual cost of production in the inter-unit transfer of goods?

CBEC Letter cannot enlarge scope of exemption notifications

July 3, 2020 1245 Views 0 comment Print

Sova Solar Ltd. Vs CCE & ST (CESTAT Kolkata) It is pertinent to consider whether CBEC can enlarge or modify the scope of an exemption notification which is in the form of a subordinate legislation through a letter or circular. Taxing statutes have to be strictly construed and the power of taxation lies with the […]

‘Evacuation of Ash Pond’ and its Transportation are not Cleaning activities and hence service tax not leviable

March 17, 2020 2346 Views 0 comment Print

Blue Star Civil Engineering Company Private Limited Vs Commissioner of Central Excise (CESTAT Kolkata) The facts of the case are that the assessee M/s. Blue Star Civil Engineering Co. Pvt. Ltd. Mecheda was engaged in evacuation of ash pond for Durgapur Projects Ltd., Purba Medinipur Zilla Parishad, Rites Ltd. for railway and McNally Bharat for […]

Transportation of iron ore from mines site to appellant’s crusher plant not falls under GTA service

March 17, 2020 3165 Views 0 comment Print

Activity of transportation of iron ore lumps from the mines site to the appellant’s crusher plant does not constitute GTA service in terms of Sec.65(105)(zzp) read with Sec.65(50b) of the Finance Act, 1994.

Service tax on GTA under RCM dropped, stating revenue neutrality

February 28, 2020 11937 Views 0 comment Print

Ashirwad Foundaries Pvt. Ltd. Vs. Commissioner of CGST & Central Excise (CESTAT Kolkata) CESTAT dropped the demand of Service tax on GTA under RCM, stating revenue neutrality.  Hon’ble Supreme Court in the case of CCE, Pune Vs Coca-Cola India Pvt. Ltd., 2007 (213) ELT 490 (SC) and CCE, Vadodara Vs Narmada Chematur Pharmaceuticals Ltd., 2005 […]

TFM cannot be the determinative factor for classification of Soap

January 17, 2020 1635 Views 0 comment Print

Hindustan Unilever Ltd. Vs Commissioner of Central Ex. (CESTAT Kolkata) It is clear that the Revenue has suddenly taken upon itself the understanding that the Drugs & Cosmetics Act has distinguished the ‘toilet soaps’ that the content of 60% TFM and above alone are soaps and less than 60% are bath preparations which is totally […]

Transportation of goods cannot be taxed under Cargo Handling Service

December 22, 2019 2157 Views 0 comment Print

S. K. Mineral Handling Private Limited Vs Commissioner, Central Excise, Customs & Service Tax (CESTAT Kolkata) In this case contract is essentially for the transportation of goods which incidentally involving loading of tipper/unloading of tipper at Railway Track head/Railway Siding which cannot be taxed under the category of Cargo Handling Service simply because rates for […]

Even if excise duty was legally not payable, credit cannot be denied

December 11, 2019 804 Views 0 comment Print

Credit cannot be denied in the hands of the recipient even if the duty was legally not payable by the supplier or that higher amount of duty has been paid by the supplier against whom the department has initiated proceedings.

STTG certificate issued by Railways -Service Tax Refund can be claimed

December 2, 2019 2067 Views 0 comment Print

Indian Oil Corporation Ltd. Vs Commissioner of Central Excise & S. Tax (CESTAT Kolakata) Vide Notification No. 26/2014-C.E. (N.T.), dated 27-8-2014 – In the CENVAT Credit Rules, 2004, in rule 9, in sub-rule (1), after clause (f), the following clause shall be inserted, namely “(fa) a Service Tax Certificate for Transportation of goods by Rail […]

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