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CESTAT Kolkata

No Service Tax on consideration for Allowing Clients to Use Railway Rakes under WIS

August 13, 2024 246 Views 0 comment Print

CESTAT Kolkata reviewed Rungta Sons Pvt Ltd’s appeal against a Service Tax demand on ‘supply of tangible goods service,’ focusing on control and possession issues.

Service with Material is work contract Service and taxable from 01.06.2007

July 24, 2024 201 Views 0 comment Print

CESTAT Kolkata ruled in favor of Shree Balaji Engicons, finding no service tax liability under “commercial construction service” for pre-2007 contracts.

CESTAT Quashes Confiscation Order & Redemption Fine Due to Lack of Illegal import Proof

July 18, 2024 228 Views 0 comment Print

CESTAT Kolkata quashes confiscation of plastic scrap from Nepal due to lack of evidence. Read the detailed analysis and outcome of Bindeshwari Poddar vs Commissioner of Customs case.

No Penalty Under Section 112(b)(ii) Without Evidence of Smuggled Gold

July 17, 2024 210 Views 0 comment Print

Read the detailed analysis of CESTAT Kolkata’s decision to quash penalties under Customs Act Section 112(b)(ii) due to lack of evidence in R. K. Swami Singh’s gold smuggling case.

Customs Act: Gold Confiscatable if Foreign-Origin or Smuggling proved

July 16, 2024 474 Views 0 comment Print

Read the detailed analysis of Ravindra Soni vs Commissioner of Customs (Preventive) case by CESTAT Kolkata. Understand why gold confiscation was overturned.

No confiscation of Goods on mere allegation of smuggling without proof

July 14, 2024 486 Views 0 comment Print

CESTAT Kolkata rules no confiscation of mosquito repellents and ladies garments in Debesh Dey vs Commissioner of Customs case under Section 123 of Customs Act.

CESTAT Clears Emami Paper Mills in Hazardous Material Import Case

July 8, 2024 453 Views 0 comment Print

CESTAT Kolkata ruled on Emami Paper Mills Ltd vs Commissioner of Customs, addressing issues of PSIA certificates, penal liabilities, and re-examination of goods.

Royalty & License Fees not addable to Transaction Value of Imported Parts: CESTAT

July 8, 2024 438 Views 0 comment Print

CESTAT Kolkata rules that royalty and license fees are not to be added to the transaction value of imported parts in the case of Commissioner of Customs Vs Humboldt Wedag India.

SAD refund should be claimed within one-year from the date of payment

July 4, 2024 789 Views 0 comment Print

Read the full text of the CESTAT Kolkata order on A.S. Chattha Exim Pvt. Ltd. vs. Commissioner of Customs. The tribunal upheld the rejection of refund claims for Special Additional Duty (SAD) on imported goods.

No Service tax on interest income from overdraft & cash credit facilities: CESTAT Kolkata

June 30, 2024 243 Views 0 comment Print

Read the detailed analysis of Assam Cooperative Apex Bank Ltd vs Commr. of CGST (CESTAT Kolkata) where Kolkata CESTAT ruled that no service tax is payable on interest income from overdraft and cash credit facilities. Full text of the order included.

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