FININ2MIN · JUDGMENT INTELLIGENCE
Customs, Excise and Service Tax · F2J-C-3097

Naresh Kumar & Co. v. Commissioner of Service Tax

The court separated actual C&F services from distinct tasks that could not simply be absorbed into that heading.

By CA Nikhil Gupta · Reviewed against the retained judgment 2026-09-26

Finin2min two-minute summary

The court separated actual C&F services from distinct tasks that could not simply be absorbed into that heading. Demand recalculation directed; distinct bending, bundling and stock-verification levies under C&F set aside, with lawful alternative classification reserved and detailed payment/interest directions.

Court
Calcutta High Court
Case
CEXA No. 49 of 2009
Date
2026-02-04
Bench
Rajasekhar Mantha, Ajay Kumar Gupta
Result
Demand recalculation directed; distinct bending, bundling and stock-verification levies under C&F set aside, with lawful alternative classification reserved and detailed payment/interest directions.
Neutral citation
Not stated in retained copy
CNR
Not stated in retained copy
Connected matters
None recorded
Relevant period
See facts and judgment
Read complete judgment PDFPublic court copyOfficial court portal

What happened

A coal-handling contractor contested whether bending, bundling, stock verification and related receipts fell into the old clearing-and-forwarding taxable service.

Questions before the court

Why the court ruled this way

The court separated actual C&F services from distinct tasks that could not simply be absorbed into that heading.

Controlling point

The court separated actual C&F services from distinct tasks that could not simply be absorbed into that heading.

Order and next steps

Demand recalculation directed; distinct bending, bundling and stock-verification levies under C&F set aside, with lawful alternative classification reserved and detailed payment/interest directions.

Practical implications

The operative result is case-specific: Demand recalculation directed; distinct bending, bundling and stock-verification levies under C&F set aside, with lawful alternative classification reserved and detailed payment/interest directions. Apply it within the court’s stated limit: Do not treat the whole contract as exempt; the judgment apportions distinct services and sets bespoke payment mechanics.

Limits of this ruling

Law and judgment source

The linked PDF is a complete public court-copy document. The official court portal is provided for independent verification; a stable judgment-specific official link was not independently established. A three-byte UTF-8 transport prefix preceding the PDF signature was removed to make the unchanged PDF content open in standard readers. A three-byte UTF-8 transport prefix before the PDF signature was removed; internal PDF bytes were unchanged.

Source checked: 2026-09-26 · Judgment paragraphs: conclusion, paragraphs 85–94 · Later case history: not verified. Verify appeals, stays and subsequent orders before reliance.

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