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Services to Foreign Principals for marketing in India is an export of service

October 17, 2014 6106 Views 0 comment Print

We are sharing with you an important judgment of the Hon’ble CESTAT, Delhi in the case of Microsoft Corporation (I) (P) Ltd. Vs. Commissioner of Service Tax, New Delhi [2014-TIOL-1964-CESTAT-DEL] on the following issue: Issue: Whether the services provided to principals situated outside India to market their products in India is an export of service […]

Cenvat credit allowable of duty paid on raw material used for research and development activities within the 100% EOU

October 15, 2014 2529 Views 0 comment Print

Serum Institute of India Ltd Vs. Commissioner of Central Excise, Pune-III [2014-TIOL-1887-CESTA T-MUM] Serum Institute of India Ltd. (“the Assessee”) is 100% EOU engaged in the manufacture of vaccine (human medicine) falling under Chapter Heading 30.02 of the Central Excise Tariff Act, 1985. The Assessee imported raw material without payment of duty (inputs) by availing […]

No penalty if there is mass unawareness about taxability of certain service

October 15, 2014 5086 Views 0 comment Print

We are sharing with you an important judgment of the Hon’ble Allahabad High Court in the case of H.M. Singh & Co. Vs. Commissioner of Central Excise, Customs & Service Tax [2014 (49) taxmann.com 417(Allahabad)] on the following issue: Issue: Whether penalty could be levied under Section 77 and 78 of the Finance Act, 1994 […]

Purchaser of VABAL not liable to prove export obligation for availing benefit of Notification

October 14, 2014 928 Views 0 comment Print

Globe Agencies (the Assessee) purchased Valued Based Advance License (VABAL) from the market in respect of exported goods. Since, the Assessee failed to show that input stage credit has not been availed by the manufacturer of the exported (exempted) goods

SCN issued with pre­determined conclusions & closed mind is not valid

October 14, 2014 5361 Views 0 comment Print

Bharat Marine Co. (Petitioner) challenged the Show Cause Notice (SCN) issued by the Department on the ground that the contents of the SCN discloses a pre-conceived and closed mind. It was further contended that the findings of Revenue were categorical in nature

Cenvat credit need not required to be reversed on capital goods which were imported and subsequently re-exported

October 13, 2014 3378 Views 0 comment Print

Glass and Ceramic Decorators, (Appellant) imported Glass Printing Machine (capital goods) during the year 2003-04 and availed Cenvat credit on the same of Rs. 23,33,282/- in two consecutive financial years i.e. 2003-04 and 2004-05.

Communication of Appellate Authority’s order to Commissioner would amount to communication to Adjudicating Authority

October 13, 2014 1532 Views 1 comment Print

Afcons Infrastructure Limited (Appellant) preferred an appeal against the order of the Commissioner of Central Excise Delhi-I, to the Hon’ble CESTAT, New Delhi and in accordance of the direction of the Hon’ble CESTAT, the Appellant made a pre-deposit of Rs. 55 lakhs.

Tribunal can’t order pre-deposit of both duty as well as penalty at a time

October 12, 2014 769 Views 0 comment Print

Spandana Spoorthy Financial Ltd. (Petitioner) filed a writ petition against the order of the Hon’ble CESTAT, Hyderabad, dated July 10, 2013 by which the Hon’ble Tribunal has directed the Petitioner to make pre-deposit of the basic tax component as well as 50% of the penalty

Cenvat credit is available on capital goods used for manufacture of exempted intermediary products which are used in turn for manufacturing of dutiable final product

October 12, 2014 2393 Views 0 comment Print

In the instant case, SEIITL only manufactured the chassis, which is only a part of a TV. It is not a finished product and is only an intermediary product. SEIITL supplied intermediary product to the Respondent, which manufactured the TV and paid duty on it.

Distribution of Cenvat credit by Zonal office to branches cannot be denied merely because it did not obtain Service tax registration

October 11, 2014 1760 Views 0 comment Print

Punjab National Bank (the Appellant or PNB) is the Zonal Audit Office at Meerut of the Punjab National Bank. The Appellant applied and obtained Service tax registration for providing banking and financial services on October 30, 2004.

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