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CESTAT Kolkata

RCM not payable in absence of service receiver & provider relationship

May 24, 2023 870 Views 0 comment Print

CESTAT Kolkata held that in absence of service receiver and service provider relationship, there is no service tax liability under reverse charge mechanism (RCM) for payment of service tax, vide notification 30/2012 ST (Sr. No. 9 of the table) dated 20.06. 2012 as amended.

No Service Tax on sale of coaching material

May 24, 2023 2412 Views 0 comment Print

CESTAT held that amount collected by selling study material is not a taxable service, hence, no service tax leviable on sale of coaching material.

When there is no mens rea, no demand will sustain on ground of limitation

May 19, 2023 1497 Views 0 comment Print

CESTAT held that, there should be mens rea to evade payment of service tax for demand of service tax and penalty beyond period of limitation.

Duty demand in terms of rule 8 of Valuation Rules unsustainable as higher duty already paid

May 19, 2023 849 Views 0 comment Print

CESTAT Kolkata held that demand of excise duty in terms of rule 8 of the Valuation Rules not sustainable as correct higher duty already paid in terms of rule 4 of the Valuation Rules.

No penalty if no intention to evade service tax & for tax paid before issue of notice

May 16, 2023 2448 Views 0 comment Print

Delve into the pivotal case of Assam Company India Limited vs Commissioner of Service Tax (CESTAT Kolkata) where the tribunal addresses service tax liabilities, waivers, and penalties, offering insights for tax compliance.

Jute Cess payable only when goods are removed from factory

May 13, 2023 561 Views 0 comment Print

Jute Cess will be payable only when the goods are removed from the factory and hence the demands made in all three Orders are not sustainable.

Service tax cannot be demanded by Kolkata unit if Visakhapatnam unit already initiated action 

May 13, 2023 408 Views 0 comment Print

Visakhapatnam Service Tax Commissionerate has initiated separate action against the Respondent at their Visakhapatnam unit for non payment of appropriate service tax there.

No confiscation of Gold & silver not having foreign markings without evidence of smuggling

May 12, 2023 4014 Views 0 comment Print

Section 123 applies inter-alia to gold/silver bullion seized on the reasonable belief that they are smuggled goods. Burden of proving that they are not smuggled goods shall be on the person, who claims to be the owner of the goods so seized or from whose possession the goods are seized.

Conversion of One Stage of Yarn into Another not amounts to Manufacture

May 12, 2023 1275 Views 0 comment Print

Hada Textiles Industries Limited Vs Commissioner of Central Excise & Service Tax (CESTAT Kolkata) Department had demanded duty on the cotton yarn in view of the Chapter Note I to Chapter 52 of CETA, 1985 on the ground that products covered under Heading No.52.03, sizing, beaming, warping, winding or reeling or any one or more […]

Excise Duty based on ACP fixed by Commissioner payable unless Assessee submit evidence of Actual production

May 11, 2023 588 Views 0 comment Print

Hazra Iron Works Vs Commissioner of Central Excise (CESTAT Kolkata) Appellant has not paid the duty as per the ACP (Annual Capacity of Production) fixed by the Commissioner for the years 1997-1998 and 1998-1999. The Appellant’s contention is that they have not opted for payment of duty under 96ZP(3) and hence they are liable to […]

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