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CESTAT Kolkata

Time limit for claiming refund not applicable when Service Tax paid erroneously

December 11, 2023 1272 Views 0 comment Print

CESTAT Kolkata ruling in Bansal Biscuits case, where the time limit under Section 11B of the Central Excise Act is deemed inapplicable for claiming refunds on erroneously paid Service Tax.

Service Tax Obligation for Map Making Sub-Contract Work: October 2007 to March 2008

December 7, 2023 654 Views 0 comment Print

Explore CESTAT Kolkata ruling on Service Tax for map-making sub-contract work by C. E. Testing Company Pvt. Ltd. Learn about detailed analysis and conclusions of case.

Excise duty demand cannot be upheld merely based on entries in private registers

December 7, 2023 576 Views 0 comment Print

Explore legal battle of Prinik Steels (P) Ltd. vs. Commissioner of Central Excise in Kolkata. Disputing a Rs.9.27M duty demand based on private records, the article delves into intricate details of case.

Denial of benefit of project import regulations and concessional rate unjustified

December 7, 2023 744 Views 0 comment Print

CESTAT Kolkata held that denial of benefit of project import regulations and the concessional rate of duty despite clearly taking note of factual position is certainly an error of judgement.

Commissioner (A) inadvertently treated appeal as time barred hence matter remanded back

November 27, 2023 1113 Views 0 comment Print

CESTAT Kolkata held that Commissioner (A) inadvertently dismissed the appeal treating it as time barred as the adjudication order dated 23.07.2018 was communicated to the appellant on 05.08.2018. Accordingly, matter remanded back to Commissioner (A) for deciding the issue on merits.

Service Tax Demand without Investigation based on Form 26AS Basis is Invalid

November 23, 2023 3546 Views 0 comment Print

Explore the CESTAT Kolkata order in Piyush Sharma vs. Commissioner of CGST & CX. Detailed analysis on service tax demand, valuation rules, and key takeaways.

Gold not liable for confiscation as revenue failed to prove that gold is smuggled one

November 23, 2023 2580 Views 0 comment Print

CESTAT Kolkata held that impugned gold cannot be seized u/s 110 of the Customs Act, 1962 as it is a case of town seizure and revenue has failed to prove that gold in question is smuggled one. Accordingly, gold not liable for confiscation.

Let export order cannot be issued before payment of full custom duty: CESTAT

November 22, 2023 372 Views 0 comment Print

Explore Odisha Mining Corporation vs. Commissioner of Central Excise case. Detailed analysis of let export order, duty payment, and refund claim rejection.

Service tax not leviable on statutory charges collected from land allottees as fixed by IDCO

November 21, 2023 996 Views 0 comment Print

CESTAT Kolkata held that processing fee, transfer fee, administrative charges, etc. collected from land allottees as fixed by IDCO are statutory in nature. Accordingly, service tax is not leviable on the same.

Assemblies, sub-assemblies, components, sub-components imported under EPCG allowed as spares under FTP

November 15, 2023 576 Views 0 comment Print

CESTAT Kolkata held that the imported assemblies, sub-assemblies, components, sub-components under EPCG are held as allowed as spares under the Foreign Trade Policy at Para 9.57.

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