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Place of Provision Rules Not Applicable; Transaction Considered as Export of Service, No Service Tax Liability

August 24, 2024 879 Views 0 comment Print

CESTAT Mumbai ruled in favor of ATA Freightline, setting aside service tax demands for logistics services from April 2015 to June 2017. Full details of the case.

No Service Tax on Reimbursement for Actual Costs as its not a taxable service

August 23, 2024 870 Views 0 comment Print

CESTAT Mumbai overturned the service tax demand on Hindustan Construction Co., ruling that reimbursements to group companies do not constitute taxable services.

Penalty on employee of CHA not imposable for wrong availment of drawback by exporter: CESTAT Ahmedabad

August 23, 2024 783 Views 0 comment Print

CESTAT Ahmedabad held that penalty on the employee of CHA (Customs House Agent) cannot be imposed on the charge of wrong availment of drawback by the exporter as proven that he has not been benefited by attempt to claim excess drawback by exporter.

Activity of laying down pipelines for Government for supply of water not leviable to service tax: CESTAT Kolkata

August 21, 2024 675 Views 0 comment Print

CESTAT Kolkata held that activity of laying down the pipelines for Government/ Government Undertaking for supply of water from Kerala Water Authority (KWA) in Thiruvananthapuram city doesn’t attract service tax. Accordingly, refund claim allowed.

Adjuvants classifiable as per material composition in respective Tariff heading: CESTAT Bangalore

August 19, 2024 774 Views 0 comment Print

CESTAT Bangalore rules Montanide ISA 206 VG is not classifiable as a veterinary vaccine. Penalty on Bharat Biotech under Customs Act deleted.

Post-importation Installation Supervision Charges Not includible in Assessable Value: CESTAT Bangalore

August 19, 2024 798 Views 0 comment Print

CESTAT rules that supervision and efficiency test charges paid to overseas suppliers can’t be included in the assessable value for customs duty.

No Service Tax on Forfeited Amount for Order Cancellation: CESTAT Delhi

August 19, 2024 663 Views 0 comment Print

Pankaj Ispat Ltd Vs Commissioner of Central Excise (CESTAT Delhi) Forfeited amount for Order Cancellation was not consideration for any service, and therefore not subject to service tax

CESTAT Quashes SCN Against Fruit Seller in Service Tax Case

August 19, 2024 408 Views 0 comment Print

CESTAT Mumbai quashes SCN against fruit seller for non-payment of service tax, ruling it was not engaged in a service tax leviable activity.

Contract involving supply of goods & service not taxable under Erection, Commissioning & Installation Services

August 18, 2024 957 Views 0 comment Print

In Topaz Service Corporation Vs Commissioner of CGST (CESTAT Delhi), it was ruled that Erection, Commissioning and Installation Services should only tax pure service contracts, excluding composite contracts with goods.

Activity of granting call option doesn’t qualify as rendering of service: CESTAT Delhi

August 16, 2024 675 Views 0 comment Print

CESTAT Delhi held that granting “call option” is not an activity of rendering service. Thus, appellant has wrongly been held to have been a service provider while receiving “call option fee”.

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