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CESTAT Kolkata

Valuation of Fuel & Diesel Oil for Coastal Vessel Runs using ‘Residual Method

October 28, 2023 510 Views 0 comment Print

CESTAT Kolkata held that valuation of fuel oil and diesel oil used during coastal run of the vessel is to be done as per the ‘Residual Method’ prescribed under rule 9(1) of the Valuation Rules.

Customs broker cannot be held liable for violation of post import condition by importer

October 28, 2023 402 Views 0 comment Print

CESTAT Kolkata held that revocation of customs broker licence for violation of post import condition of the exemption notification by the importer unsustainable as customs broker has a limited role of filing bill of entry and at no stretch of imagination can be held liable for violation of post import condition.

Social Welfare Surcharge will be NIL when Basic Customs Duty is NIL

October 26, 2023 1029 Views 0 comment Print

CESTAT Kolkata held that when the Basic Customs Duty (BCD) is Nil Social Welfare Surcharge (SWS), being computed at the rate of 10% of BCD, will also be Nil

No duty liability on Transition from EOU to EPCG Scheme if Export Obligations Fulfilled

October 26, 2023 342 Views 0 comment Print

Read about the case of Commissioner of CGST & Excise vs. National Aluminium Company Limited where no duty liability was imposed on transition from EOU to EPCG Scheme due to fulfilled export obligations.

CESTAT Drops Service Tax Demand for HUDCO Construction Services Due to Non-Commercial Project Nature

October 24, 2023 1110 Views 0 comment Print

CESTAT Kolkata drops Service Tax demand for HUDCO Construction services due to non-commercial project nature. Learn more on the case of Uttam Chand Sethia and its implications on this blog post!

Show Cause Notice Issued Under Wrong Section Void: CESTAT Kolkata

October 24, 2023 1128 Views 0 comment Print

The Commissioner of Customs vs. Axis Shipping Agency case: CESTAT Kolkata rules issuance of show cause notice under Section 124 of Customs Act for Customs Broker license void ab initio.

Duty demand based on data from computer print-out without corroborative evidence unsustainable

October 23, 2023 525 Views 0 comment Print

CESTAT Kolkata held that the data resumed from the computer print out alone cannot be relied upon to demand duty, without any corroborating evidence. Accordingly, duty demand set aside.

Transport of Goods with Loading and Shifting from Private Railway Siding to Stacking Yard Classified as GTA Service

October 23, 2023 3798 Views 0 comment Print

CESTAT Kolkata quashes the service tax demand on cargo handling service in the case of Usha Martin Limited vs. Commissioner of Central Excise. Details and analysis.

70% Max Depreciation Allowed on Imported Second-Hand Machines: CESTAT Kolkata

October 22, 2023 3495 Views 0 comment Print

In the India Potteries Ltd. vs. Commissioner of Customs case, CESTAT Kolkata rules 70% max depreciation on imported second-hand machines. Full order analysis.

No Service Tax on Renting of Immovable Property Before 01.06.2007: CESTAT

October 22, 2023 171 Views 0 comment Print

CESTAT Kolkata rules that service tax is not applicable to rent received for immovable property services prior to June 2007. Details of the case and the verdict explained.

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