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Where all factual facts are available on the records, the Tribunal couldn’t remand back the case

December 17, 2014 1073 Views 0 comment Print

L’Oreal India (Pvt.) Ltd. (the Petitioner) was engaged in the manufacture of cosmetic products classified into two categories, namely Technical products cleared to Salon/ Beauty Parlour (Technical products) and Retail sale products meant for sale to consumers (Retail sale products).

Extended period not invocable when penalties waived off on the ground of interpretational issue

December 17, 2014 1211 Views 0 comment Print

In the instant case, Sankhla Udyog (the Appellant) was engaged in rendering Repairs and Maintenance Services. A Show Cause Notice was issued to the Appellant by invoking the extended period alleging that there was a difference between the amount shown in their ledger and in the Service Tax Returns (ST-3) on which the Appellant had not paid Service tax and the same was liable to be recovered along with interest and penalty.

Cenvat credit on Outdoor Catering services used in relation to business activities

December 17, 2014 7410 Views 0 comment Print

Even after amendment made in the definition of ‘Input services’ w.e.f April 1, 2011, Cenvat credit on Outdoor Catering services used in relation to business activities continues to be eligible when the cost is borne by the Company and not recovered from the employees.

Once reasonable cause is established, no penalty is imposable

December 17, 2014 2942 Views 0 comment Print

V.M. Engg. Works (the Assessee) made late payment of Service tax, consequent to which a Show Cause Notice was issued to the Assessee proposing to impose penalty for late payment of Service tax under Section 76 of the Finance Act, 1994 (the Finance Act).

Government/DGFT cannot amend Foreign Trade Policy or withdraw any export benefit with retrospective effect

December 17, 2014 1838 Views 0 comment Print

Hon’ble High Court decided the matter in favour of the Petitioners and held that neither the Central Government, nor the DGFT would have the power to amend the FTP or withdraw any export benefit with retrospective effect.

Assessee is entitled to refund of Anti-Dumping Duty paid provisionally

December 17, 2014 487 Views 0 comment Print

Circuit Systems India Pvt. Ltd. (the Appellant) imported Glass Epoxy Copper and filed 5 Bills of Entry for the period October 2003 to January 2004 (Impugned period). During the Impugned period, the Anti-Dumping Duty was payable by the Appellant provisionally in terms of the Notification No. 141/2003 dated September 19, 2003 (the Notification).

Service Tax Dept can also conduct Service Tax Audit along with CA or CMA – CBEC clarifies

December 12, 2014 1579 Views 0 comment Print

Background: The Hon’ble High Court of Delhi in the case of Travelite (India) Vs. Union of India & Ors. [W.P. (C) 3774/2013, C.M. No. 7065/2013] (the Travelite case) while holding Rule 5A(2) of the Service Tax Rules, 1994 (the Service Tax Rules) as ultra vires the provisions of the Finance Act, 1994 (the Finance Act), […]

Where Assessee has made pre-deposit as directed by Commissioner (A), Dept cannot make coercive recovery during pendency of Stay Application

December 11, 2014 688 Views 0 comment Print

In the instant case, Orissa Stevedores Ltd. (the Petitioner) filed a Writ Petition before the Hon’ble High Court of Orissa with a prayer to quash the notice dated August 20, 2014 issued by the Revenue for recovery of Rs. 11,44,54,732/-

Custom Duty exemption on goods for relief of flood affected people of J&K

December 11, 2014 573 Views 0 comment Print

the floods in the State of Jammu and Kashmir (the State) from whole of the duty as specified under the First Schedule and whole of the additional duty as specified under Section 3 of the Tariff Act.

Excise duty exemption on goods for relief of flood affected people of J&K

December 11, 2014 596 Views 0 comment Print

Grants exemption from Basic Excise Duty to goods donated or purchased out of cash donations for the relief and rehabilitation of people affected by the floods in the State of Jammu and Kashmir

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