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CESTAT Kolkata

CESTAT Quashes Excise Duty Demand on Cenvated Inputs used in Job Work

June 24, 2023 420 Views 0 comment Print

Delve into the Rama Ferro Alloys & Finance Private Limited Vs Commissioner of CGST & CX case where CESTAT Kolkata rules in favour of the appellant regarding utilization of cenvated inputs in job work.

Service Tax Refund Claim Filed Beyond Time Limit – CESTAT Upholds Rejection

June 23, 2023 1890 Views 0 comment Print

CESTAT Kolkata decision in Om India Trading Company Private Limited Vs Commissioner of CGST & Central Excise case, upheld the rejection of a service tax refund claim filed beyond stipulated time limit under Section 11B of Central Excise Act.

Goods not meeting requirements of under Chapter Note 4 of Chapter 27 cannot be classified under CTH 27101920

June 22, 2023 1830 Views 0 comment Print

CESTAT Kolkata held that for the purpose of sub heading 27101920, the “light oils and preparations” are those of which 90% or more by volume (including losses) distil at 210 degree Celsius. Goods not meeting the requirements as specified under Chapter Note 4 of Chapter 27 cannot be classified under CTH 27101920.

No Service Tax on Coal Mines Provident Fund Organization’s Administrative Charges

June 22, 2023 1287 Views 0 comment Print

CESTAT Kolkata upholds that Coal Mines Provident Fund Organization (CMPFO) is not liable to pay service tax on administrative charges in the absence of service provider-recipient relationship and consideration.

Entry under Section 65(105)(zzd) can be invoked only for construction simpliciter

June 22, 2023 978 Views 0 comment Print

A comprehensive review of the case National Building Construction Corporation Limited vs Commissioner of Central Excise & Service Tax, exploring the impact of the correct classification under Section 65(105)(zzd) for construction contracts.

Doctrine of Unjust Enrichment inapplicable when appellant made disputed Payment

June 21, 2023 1080 Views 0 comment Print

Delve into judgment of CESTAT Kolkata in the case of Pecon Computech Pvt Ltd Vs Commissioner of CGST & Excise, underlining non-applicability of unjust enrichment in context of Service Tax refunds

Extended period not invocable in subsequent notice when prior notice already issued on same subject

June 20, 2023 3642 Views 0 comment Print

CESTAT Kolkata held that the extended period of limitation cannot be invoked in subsequent show cause notice, where the Department has earlier issued Show Cause Notice in respect of the same subject-matter.

Interest not leviable when wrongly availed Cenvat credit is not utilized

June 20, 2023 1836 Views 0 comment Print

CESTAT Kolkata held that as per substituted provisions of Rule 14 of the CENVAT Credit Rules, interest is not leviable where wrongly availed credit is only taken but not utilized.

Operational or administrative assistance or infrastructural support falls within Business Support Service

June 19, 2023 678 Views 0 comment Print

CESTAT Kolkata held that providing operational or administrative assistance in any manner or providing infrastructural support service or managing distribution and logistics service, fall within the ambit of ‘Business Support Service’.

Absence of Fraud or Willful Misstatement Nullifies Penalty u/s 11AC

June 19, 2023 648 Views 0 comment Print

Versatile Wires Limited Vs Commissioner of CGST & CX – CESTAT Kolkata, ruled out penalty u/s 11AC due to lack of evidence of fraud, collusion, willful misstatement, or contravention of CENVAT Credit Rules

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