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CESTAT Kolkata

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

November 23, 2023 3648 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 2634 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 381 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 1032 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 579 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.

Drilling, testing & completion of exploratory oil wells taxable w.e.f. 01.06.2007

November 14, 2023 615 Views 0 comment Print

CESTAT Kolkata rules in favor of Oil and Natural Gas Corporation, categorizing drain hole drilling in oil wells as “mining services” from June 2007, rejecting service tax claims.

Service Tax on fabrication work for Indian Railways: CESTAT Directs Re-adjudication

November 12, 2023 273 Views 0 comment Print

CESTAT Kolkata’s ruling in the case of Commr. of CGST & Central Excise vs. Calcutta Springs Ltd. regarding service tax demand on fabrication works for Indian Railways without corroborative evidence.

SAD Refund on Shoe Import cannot be rejected if rejection Grounds not in SCN

November 12, 2023 360 Views 0 comment Print

CESTAT Kolkata quashes the rejection of a refund claim on Special Additional Duty (SAD) paid for shoe imports, citing non-inclusion of an allegation in the show cause notice.

CHA License & Security Deposit Unaffected Without Direct Involvement: CESTAT

November 12, 2023 348 Views 0 comment Print

CESTAT Kolkata case – Mishra & Mishra (Agency) Enterprises vs. Commissioner of Customs. Learn how CHA licenses cannot be revoked without direct involvement.

Excise Duty payable on Free Physician Samples Based on Transaction Value

November 10, 2023 411 Views 0 comment Print

CESTAT Kolkata rules on excise duty for physician samples distributed free of cost by medicament manufacturers. Analysis of the case of Parker Robinson Private Limited vs. CCE.

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