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Section 14 of Customs Act not relevant to rough diamonds as same are leviable to NIL duty

July 1, 2023 840 Views 0 comment Print

CESTAT Mumbai held that section 14 of Customs Act, 1962, or any Rules framed thereunder, is not of relevance to the rough diamonds as the same are leviable to NIL duty as per the Customs Tariff Act, 1975.

Service Tax Demand under RCM: Transaction-wise, not Invoice-wise

June 30, 2023 3552 Views 0 comment Print

This article delves into the complexities of service tax demand under the reverse charge mechanism, emphasizing the importance of analyzing transactions individually. We examine a recent case involving M.P. Audyogik Kendra Vikas Nigam (Indore) Ltd and provide insights on the matter.

Chick drinker, Auto feeder and Poultry cage are rightly classifiable under CETH 84361000

June 30, 2023 639 Views 0 comment Print

CESTAT Chennai held that the Chick drinker, Auto feeder, and Poultry cage are rightly classifiable under CETH 84361000 and not under CETH 39269099.

Low Aromatic White Spirit is rightly classifiable under the CTH 27101990

June 30, 2023 747 Views 0 comment Print

CESTAT Kolkata held that Low Aromatic White Spirit is rightly classifiable under the CTH 27101990 and not classifiable as ‘Light Oil and Preparations’ under CTH 27101239

Services performed on principal-to-principal basis not classifiable as intermediary service

June 30, 2023 1146 Views 0 comment Print

CESTAT Chennai held that as appellant is providing main service i.e. business support service on his own account and is not acting as an intermediary i.e. the services were performed by the appellant on a principal-to-principal basis and at arm’s length basis.

Denial of cross-examination of witnesses is violative of principles of natural justice

June 30, 2023 2466 Views 0 comment Print

CESTAT, remanded order passed by Adjudicating Authority and held that denial of cross-examination of witnesses is violative of principles of natural justice.

Renting of immovable property for hotel is excluded from the ambit of section 65(105)(zzzz)

June 30, 2023 1287 Views 0 comment Print

CESTAT Chennai held that renting of immovable property for a hotel is expressly excluded from the ambit of the taxable service in Section 65(105)(zzzz) of the Finance Act, 1994. Accordingly, demand not sustainable.

Tribunal held classification of Non Textured Fabrics must be based on nature and material coated

June 30, 2023 1017 Views 0 comment Print

Classification of non-textured fabrics must be based on nature and material coated as end use of a product could not be a criteria for classification, the other parameters such as the nature of cloth, nature of coating etc were required to be ascertained to classify the fabrics.

Cenvat Credit eligible on Cement & Steel used in Commercial & Industrial Construction

June 30, 2023 729 Views 0 comment Print

In a landmark ruling, CESTAT Ahmedabad ruled that the Cenvat credit is applicable on cement and steel used in Commercial and Industrial Construction Services, marking a key interpretation of Cenvat credit rules.

Extended Limitation in Service Tax Demand -Unjust if no Proof of Fraud or Evasion

June 30, 2023 600 Views 0 comment Print

Explore the decisive ruling by the CESTAT Ahmedabad in the Thakarshi J Likhiya Vs Commissioner of Central Excise & ST case, focusing on the invocation of the extended period of limitation in service tax demand.

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