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Service tax not leviable on discounts/ incentives as these are not consideration for any service rendered

November 27, 2014 21680 Views 0 comment Print

Whether Service tax levy is sustainable in respect of discounts/incentives received by the Advertising agency from the print/broadcast media in respect of advertisements placed by the said agencies on behalf of customers

Service tax paid but considered as not payable is to be treated as deposit & should be refunded

November 27, 2014 913 Views 0 comment Print

Roshan R Jaiswal (the Appellant) is a distributor for BSNL Prepaid Cellular services etc., and was registered with Service Tax Department under the category of ‘Franchise service’. Pursuant to issue of Show Cause Notice dated October 16, 2008, which was adjudicated vide Order-in-Original

Duty Drawback cannot be denied when goods to be re-exported were brought in Customs area within stipulated time

November 22, 2014 1841 Views 0 comment Print

Oil And Natural Gas Corporation Ltd.(the Appellant) filed shipping bills for re-export of various machineries (impugned goods) imported for exploration purposes and claimed Drawback of the duty paid at the time of import.

SAD Refund cannot be denied on sales made to non registered buyer despite no endorsement on invoice

November 22, 2014 1345 Views 0 comment Print

AD Refund cannot be denied when no endorsement to the effect that ‘No Cenvat credit of SAD is admissible’ is made on an invoice issued to the non-registered buyer as no credit is available to the buyer on account of non-registration

Customs Duty exemption on goods required for Intensified Malaria Control Project

November 21, 2014 685 Views 0 comment Print

n exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary

Cenvat credit cannot be denied on the ground that the supplier is not a manufacturer

November 21, 2014 4254 Views 0 comment Print

Cummins Diesel Sales & Services India Limited (the Appellant) is a manufacturer of the dutiable final products. In this respect, the Appellant had procured certain goods from Amul Industries Pvt. Ltd. (Amul) on payment of duty and availed the Cenvat credit on the same.

Taxes paid on or after Match 1, 2013 would be eligible for VCES even if paid before May 10, 2013

November 21, 2014 1646 Views 0 comment Print

Sadguru Construction Co. (the Petitioner)is a partnership firm engaged in the business of construction. On March 8, 2013, preventive officers of the Service Tax Department conducted inquiry at the premises of the Petitioner regarding unpaid Service tax dues.

Mere rectification of defects in vehicles not taxable under Technical Inspection & Certification services

November 21, 2014 1514 Views 0 comment Print

Antony Garages Pvt. Ltd. (the Assessee) was engaged in manufacturing of body building of buses, trucks etc. and also undertook repair, maintenance and servicing of commercial vehicles. Tata Motors Ltd. (TML) sent vehicles, after manufacturing, to the Assessee under a works order

Cenvat credit of transferred unit cannot be denied when all assets & liabilities transferred to Assessee

November 21, 2014 1102 Views 0 comment Print

Jai Corporation Ltd. (the Appellant) is engaged in the manufacture of synthetic blended/spun yarn falling under Chapter sub heading 55095100 and 55092100 of the Central Excise Tariff Act, 1985.

Appeals filed by Revenue on basis of an invalid Review authorization deserve to be dismissed as not maintainable

November 21, 2014 1033 Views 0 comment Print

The present appeal has been preferred by the Revenue before the Hon’ble CESTAT, Ahmadabad in terms of the Review Order No.R-02/2008, dated January 08, 2007 (the Review Order)signed by the Chief Commissioner of Central Excise

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