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All CESTAT

Services of extending corporate guarantee without any consideration is not considered as a service

June 22, 2023 1083 Views 0 comment Print

CESTAT Delhi held that no service tax is payable as the assessee did not receive any consideration for providing a corporate guarantee.

No Service Tax on Coal Mines Provident Fund Organization’s Administrative Charges

June 22, 2023 774 Views 0 comment Print

CESTAT Kolkata upholds that Coal Mines Provident Fund Organization (CMPFO) is not liable to pay service tax on administrative charges in the absence of service provider-recipient relationship and consideration.

Entry under Section 65(105)(zzd) can be invoked only for construction simpliciter

June 22, 2023 519 Views 0 comment Print

A comprehensive review of the case National Building Construction Corporation Limited vs Commissioner of Central Excise & Service Tax, exploring the impact of the correct classification under Section 65(105)(zzd) for construction contracts.

Department cannot file Revise Application in terms of Section 35EE of excise

June 22, 2023 168 Views 0 comment Print

CESTAT Mumbai’s decision, clarifying role of Revenue in filing revise applications under Section 35EE of Excise Act, in the case of Mail Order Solutions (I) Ltd.

Delayed payment charges collected from customers from 01.07.2012 is not leviable to service tax

June 21, 2023 981 Views 0 comment Print

CESTAT Chennai held that service tax could not be levied on ‘delayed payment charges’ collected by the appellant from their customers from 01.07.2012 also.

Cenvat Credit Rejection Requires Consideration of Evidences, Not Assumptions

June 21, 2023 237 Views 0 comment Print

Explore CESTAT Mumbai judgement in Astoria Agro & Allied Inds Pvt Ltd Vs Commissioner of CGST, underlining importance of evidence consideration in rejecting Cenvat Credit claims

Utilization of CENVAT Credit within same entity does not cause loss to Exchequer

June 21, 2023 390 Views 0 comment Print

CESTAT held that the utilization of credit by any unit within the same entity would not cause any loss to the Exchequer. This is because the credit disallowed to one unit is proportionally made available to the second unit. From a company’s perspective, the net credit availed and utilized remains unchanged.

Doctrine of Unjust Enrichment inapplicable when appellant made disputed Payment

June 21, 2023 699 Views 0 comment Print

Delve into judgment of CESTAT Kolkata in the case of Pecon Computech Pvt Ltd Vs Commissioner of CGST & Excise, underlining non-applicability of unjust enrichment in context of Service Tax refunds

Provision of service by commission agent to foreign principals is export of service

June 21, 2023 1350 Views 0 comment Print

CESTAT Mumbai held that services provided by appellant (Commission agent) to their foreign principals is ‘export of service’ as contemplated under rule 3 of the 2005 Export Rules.

Mere sending of Order by registered post not amounts to valid service

June 21, 2023 1035 Views 0 comment Print

CESTAT Mumbai in Metro Fashions vs Commissioner of Customs, held that mere sending of Order-in-Original by registered post was not deemed to be valid communication, impacting the limitation period for an appeal.

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