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No Service Tax leviable on cleaning services provided to non-commercial building or premises

June 27, 2022 4920 Views 0 comment Print

CESTAT set aside the Ex-parte order passed by the Revenue Department confirming the demand of Service tax along with interest and penalty on the cleaning services in respect of non-commercial building or premises.

Alternate remedy for appeal to be exhausted before approaching High Court

June 25, 2022 1539 Views 0 comment Print

HC held that, orders denying refund claim to the assessee for accumulated credit of Compensation Cess, where the reason of claim being time barred is absent but certain other reasons have been assigned that are sufficient to enable the assessee to know the cause for rejection of the claim for refund cannot be categorized to be non-speaking. Further, relegated the matter for avail the alternate remedy of appeal

Detention of vehicles / goods without following procedural norms is in gross contravention of statutory provisions of GST

June 24, 2022 2094 Views 0 comment Print

HC held that, detention/seizure of the vehicle and goods without issuing proper notice or detention order by the proper officer is in gross contravention of the statutory provisions.

Taxability of Reimbursement of expenses under Service tax and GST

June 23, 2022 30759 Views 0 comment Print

CESTAT held that, service tax is not payable on reimbursement of expenses as the nature of service should make no difference to the taxability of reimbursement.

Value of Scrap generated after Manufacture not Includable in Assessable Value

June 23, 2022 837 Views 0 comment Print

CESTAT held that the value of scrap arising during the process of manufacture by the job worker is not included in the value of the goods cleared by the job worker to the principal manufacturer for the purpose of levying excise duty.

No Service Tax payable on liquidated damages received in the nature of penalty

June 16, 2022 981 Views 0 comment Print

Service Tax on the amount of liquidated damages – CESTAT Held that, Service Tax is not payable on liquidated damages collected in the nature of penalty.

No interest & penalty if ITC is merely availed but not utilised

June 10, 2022 46758 Views 3 comments Print

No interest and penalty to be imposed if credit is merely availed but not utilised | Section 73 & 74 Interest will be attracted only if wrong/excess ITC availed & utilized

Incentive under Intel Approved Component Supplier Program cannot be considered as Trade Discount

June 9, 2022 2196 Views 0 comment Print

In re MEK Peripherals India Pvt Ltd. (GST AAR Maharashtra) Incentives received for market services within India cannot be considered as trade discount nor export service The AAR, Maharashtra in the matter of M/s. MEK Peripherals India Pvt. Ltd., [Advance Ruling No. GST-ARA-59/2020-21/B-56 dated April 27, 2022] has held that incentives received by the Indian […]

Vehicle cannot be detained due to expiry of second e-way bill when first e-way bill is valid

June 8, 2022 3762 Views 0 comment Print

HC Held that, the Revenue Department could not have intercepted or detained the vehicle in the absence of a second e-way bill as the first e-way bill was valid during the interception period.

Advance ruling cannot be sought by recipient of works contract services

June 2, 2022 2991 Views 2 comments Print

Advance ruling is not binding on the supplier, and the supplier may not follow the ruling and In such a scenario, the advance ruling loses its relevance and applicability.

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