Tag: CESTAT Kolkatta

ArticleGST Article

Supreme Court Admits Revenue’s Appeal on Revenue Neutrality in Inter-Unit Excise Valuation Dispute

byCA Bimal Jain

The Hon’ble Supreme Court in the case of Commissioner of Central Excise & Service Tax held that Revenue’s appeal against CESTAT Kolkata’s finding of revenue neutrality in Steel Authority of India Limited’s (“SAIL”) inter-unit transfer of refractory materials was admitted, condoning delay and keeping the question of law open, as the Tribunal had set aside excise duty demands holding the transaction to be revenue-neutral.

GST ArticlePre-GST

Mere difference in figures in Balance sheet and ER-1 return is not sustainable cause to impose duty

byCA Bimal Jain

The CESTAT, Kolkata in M/s. Pratap Polysacks Ltd. v. Commissioner of Central Excise, Haldia set aside the demand order passed by the Adjudicating Authority and held that duty cannot be demanded merely based on the difference in sales figures between the balance sheet and the and ER-1 Returns, there has to be some positive evidence brought on record to substantiate the allegation of clandestine clearance.

GST ArticlePre-GST

Extended period of limitation cannot be invoked on a legitimate buyer

byCA Bimal Jain

The CESTAT, Kolkata in M/s Jai Balaji Industries Limited v. Commissioner of Central Excise had set aside the order demanding excise duty and held that the buyer who has paid a valuable consideration could not be proceeded upon by taking the aid of a larger period of limitation as per Section 11A(1) of the Central Excise Act, 1944 unless it is proved that the buyer was also involved in fraud.