It is a settled legal position that charge of clandestine clearance of goods is a serious charge & cannot be made on presumptions & assumptions
S.K. Kanjilal Vs Commissioner of Customs (Airport & Administration) (CESTAT Kolkata) When the Revenue alleges violation, connivance, knowledge and intent, it is for the Revenue to justify its allegations by furnishing supporting documents and it cannot ask the Appellant to disprove its allegations. From the records, we do not find answers to the appellant’s contention […]
National Building Construction Corporation Limited Vs Commissioner of Central Excise (CESTAT Kolkata) Since the scope of contract included supply of goods, the same cannot be classified under the above service category of Commercial or Industrial Construction but under ‘Works Contract service’ which classification has not been invoked in the SCN proceedings. FULL TEXT OF THE […]
Held that longer period of limitation cannot be invoked on the ground that no specific instance of suppression of facts was proved against the assessee.
Currency was attempted to the exported and was brought within the limits of customs area contrary to the restrictions and prohibitions imposed by the Customs Act or any other law for time being in force, is liable for confiscation.
Taxable category Erection, Commissioning and Installation Services could only cover pure service contracts within its fold.
Visa Resources India Limited Vs Commissioner of CGST (CESTAT Kolkata) As per clause (f) of Rule 9 of Cenvat Credit Rules, 2004, an invoice issued by a provider of input service is a valid document for availment of Cenvat credit. In the present case of the Appellant, the heading of the document as seen from […]
CESTAT hold that the credit on GTA services from the place of removal upto 1.4.2008 was rightly admissible to the Appellant.
Commr. of Central Excise Vs Indian Steel & Wire Products Ltd. (CESTAT Kolkata) Appellant had entered into an agreement with TISCO for conversion of billets into wire rods for job of basis. After during the course of conversion, certain losses, such as burning losses occurred to the extent of 7%. Accordingly, appellants were required to […]
CESTAT held that transport charges cannot be included in valuation for mining services when transport activities been performed in mining area
