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CESTAT Kolkata

Penalty u/r 26 of CER, 2002 leviable as involvement in clandestine manufacture and clearance established

November 7, 2023 156 Views 0 comment Print

CESTAT Kolkata held that penalty under rule 26 of the Central Excise Rules 2002 leviable as involvement in clandestine manufacture and clearance is well established.

Supplier of chassis to body-builder who receives body-built vehicle is not manufacturer of body-built vehicle

November 6, 2023 459 Views 0 comment Print

CESTAT Kolkata held that the Appellant is merely supplies the chassis to body-builder and receives the body-built vehicle from the body-builder. Accordingly, Appellant is not the manufacturer of the body-built vehicle. Hence, demand of duty unsustainable.

CESTAT Confirms Customs Duty Value Increase for Digital Multi-Function Printer

November 5, 2023 507 Views 0 comment Print

CESTAT Kolkata’s decision to uphold the enhanced value of customs duty on a multi-function printer based on a chartered engineer’s estimation.

Benefit of preferential rate vide notification 53/2011-Cus allowed as Certificate of Origin submitted

November 4, 2023 342 Views 0 comment Print

CESTAT Kolkata held that benefit of preferential rate vide Notification 53/2011-Cus dated 01.07.2011 not deniable as Certificate of country of origin from Malysia Chamber of Commerce for subsequent import of identical goods afterward submitted.

Reversal under rule 6(3) of CCR, 2004 doesn’t apply when CENVAT attributable to non-excisable goods not availed

November 4, 2023 192 Views 0 comment Print

CESTAT Kolkata held that provisions of rule 6(3) of the CENVAT Credit Rules, 2004 is not applicable when CENVAT Credit attributable to non-excisable goods not availed. Accordingly, demand set aside.

Fabric containing Cotton and Polyester is classifiable under CTH 52113190

November 3, 2023 570 Views 0 comment Print

CESTAT Kolkata held that fabric containing both Cotton and polyester in the ratio of 79.2% and 16.8% respectively is rightly classifiable under the CTH 52113190 as Cotton Polyester fabric. Accordingly, demand of differential duty of customs set aside.

Notification 41/2012-ST Covers Refund of Swachh Bharat & Krishi Kalyan Cess

November 2, 2023 636 Views 0 comment Print

CESTAT Kolkata held that notification no. 41/2012-ST grants refund of service tax paid on the taxable services used for export of goods. The said refund includes refund of Swachh Bharat Cess (SBC) and Krishi Kalyan Cess (KKC) too.

No Provision to Reverse Capital Goods Cenvat Credit for Damage, Wear & Tear

November 2, 2023 429 Views 0 comment Print

Learn how the CESTAT Kolkata ruled that no provision exists to reverse CENVAT credit on capital goods due to damage and wear & tear. Get insights into the case of East India Holding Pvt. Ltd. vs. Commissioner of CGST & Central Excise.

Interest not payable if sufficient cenvat credit lying in cenvat credit account

November 2, 2023 654 Views 0 comment Print

n the Vodafone Essar East Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) case, interest is not payable if sufficient cenvat credit lies in the account. This article delves into the case and analyzes the legal perspective.

Benefit of notification 2/2008-CE and 4/2006-CE available to 100% EOU for clearance in DTA

November 1, 2023 372 Views 0 comment Print

CESTAT Kolkata held that 100% EOU for clearance in DTA is entitled for benefit of notification no. 2/2008-CE dated 01.03.2006 for clearance of Linear Alkyl Benzene Sulphuric Acid and notification no. 4/2006-CE dated 01.03.2006 for clearance of Spent Sulphuric Acid.

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