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CESTAT Kolkata

Service Tax Demand Based Only on Income Tax Data without Verification and Corroborative Evidence Unsustainable: CESTAT [Read Order]

In a recent ruling, the Customs, Excise & Service Tax Appellate Tribunal ( CESTAT ), Kolkata held that a service tax demand raised solely on the...

Non-Existent or Non-Goods Vehicle Numbers in Invoices alone cannot Deny CENVAT Credit: CESTAT

Even if Service Tax Not Payable on Detention Charges, Credit Cannot be Denied once Tax is Paid:...

Relief for Sun Pharma Lab: CESTAT Grants Excise Duty Refund of Rs. 64.32 Cr Despite Citing Incorrect...

Works Contract Service Tax Demand of Rs. 2.30L: CESTAT Orders Fresh Assessment of Abatement and...

Dept Fails to Re-test Samples Examined by Govt Valuer: CESTAT Quashes Penalties for Lack of Evidence in Precious Stones Over-Invoicing [Read Order]

The Kolkata Bench ofCustoms, Excise & Service Tax Appellate Tribunal (CESTAT) set aside penalties imposed on a government-approved valuer in an alleged precious stones over-invoicing case, in...

Excise Duty Refund on Post-Clearance Discounts Allowed Where Duty Incidence Not Passed On and Dealers are Unregistered: CESTAT [Read Order]

The Kolkata Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) ruled that excise duty refund on post-clearance discounts is admissible when the duty incidence has not been...

Rough Estimates in Private Diaries Not Sufficient to Prove Clandestine Clearance: CESTAT Sets Aside Central Excise Duty Demand and Penalties [Read Order]

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Bench at Kolkata, has set aside a Central Excise Duty demand of over Rs. 19.6 Lakhs, along with all associated penalties. The...

Supplementary Drawback Claim Within 3 Months Limitation of AEPC Valuation: CESTAT Sets Aside Customs Rejection Order [Read Order]

The Customs, Excise and Service Tax AppellateTribunal (CESTAT) Bench at Kolkata, has held that a supplementary drawback claim filed after receipt of the valuation report from the Apparel Export ...

CESTAT allows CENVAT Credit to Adhunik Industries, Holds Denial based on Technical Objections Unsustainable [Read Order]

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Bench at Kolkata, has granted relief in a dispute concerning denial of CENVAT credit to a steel manufacturing unit, holding that...

Penalty Not Sustainable when Customs Ignores Assessee’s Valuation: CESTAT Quashes Penalties of Rs 1.57 Crore [Read Order]

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Bench at Kolkata, has set aside the penalties imposed upon appellant, a Government approved valuer, under Sections 112(a)(iii) and...

Gold Seizure by Customs: CESTAT says Dept failed to prove Seized Gold is Foreign and Smuggled, Orders Release [Read Order]

The Customs, Excise and Service Tax Appellate Tribunal ( CESTAT ) Bench at Kolkata held that the Department failed to establish the foreign origin or smuggled nature of the gold, in a case ...