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Wireline logging, perforation and mechanical job service is classifiable under mining service

July 13, 2023 669 Views 0 comment Print

CESTAT Delhi held that service of wireline logging, perforation and other mechanical job is covered under mining service only with effect from 01.06.2007. Accordingly, such services cannot be classified under ‘technical testing and analysis’ and taxed prior to 01.06.2007.

CENVAT on invoices raised by dealers/ distributors available as service tax paid by them not disputed

July 13, 2023 855 Views 0 comment Print

CESTAT Hyderabad held that the Appellant is eligible to take the cenvat credit on the invoices raised by various car dealers, distributors for the services provided by them as payment of service tax by such dealers/ distributors not disputed.

Adhoc disallowance of expense without specific finding is baseless

July 13, 2023 1602 Views 0 comment Print

ITAT Delhi held that disallowance of expenditure on adhoc basis, as a percentage of gross profit, without any specific findings is baseless and liable to be deleted.

Provisions of section 14A r.w.r. 8D cannot be invoked in absence of any exempt income

July 13, 2023 708 Views 0 comment Print

ITAT Mumbai held that provisions of section 14A r.w.s. 8D of the Income Tax Rules not invocable as assessee has not earned any exempt income during the year. Accordingly, disallowance duly deleted by CIT(A).

CENVAT for insurance premium paid towards group insurance of employees duly available

July 13, 2023 1089 Views 0 comment Print

CESTAT Delhi held that the Cenvat credit for the insurance premium paid in respect of the group insurance/insurance of employees including retired employees/mediclaim is duly available as the same is having nexus to the business of the assessee.

Service tax duly payable by sub-contractor even if main contractor discharged tax liability

July 13, 2023 1269 Views 0 comment Print

CESTAT Chandigarh held that sub-contractor is liable to pay service tax on ‘Erection, Commissioning and Installation service’ even if the main contractor has discharged Service Tax liability on the activity undertaken by the sub­contractor.

Incentive received by Advertising Agency from Print media is not leviable to service tax under BAS

July 12, 2023 2502 Views 0 comment Print

CESTAT Hyderabad held that amount of incentive received by the Advertising Agency from the print media cannot levied to service tax under Business Auxiliary Service (BAS).

ITAT upheld addition for Income received for arranging the deal

July 12, 2023 552 Views 0 comment Print

ITAT Chennai held that addition towards amount received as income sustained as it was specified that the amount was not given as loan or advances but was given for service towards arranging the whole deal.

Transfer of title completes with registered sale deed & not with mere agreement to sale

July 12, 2023 9918 Views 0 comment Print

ITAT Delhi held that sale transaction cannot be said to be completed as and when the assessee has entered into the agreement to sale. Transfer of title is complete through registered sale deed.

Registration under particular service not required for exemption under notification 41/2007-ST

July 12, 2023 1251 Views 0 comment Print

CESTAT Chandigarh held that the Registration under a particular service is not necessary for the purpose of claiming exemption under Notification No. 41/2007 dated 06.10.2007.

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