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CESTAT upheld Service Tax Penalty for non-payment of Service Tax on Renting for 6 years

November 22, 2023 588 Views 0 comment Print

Explore the CESTAT Delhi order on Nagar Parishadservice tax case. Details on charges, legal arguments, and penalties. Analysis of the verdict and its implications.

Unauthorized Goods Destruction Implies Arbitrary Abatement of Customs Duty

November 22, 2023 555 Views 0 comment Print

Explore the CESTAT Ahmedabad order on Commissioner vs Sheena Textiles. Detailed analysis of the duty-free machinery dispute, conditions of exemption, and legal implications.

Lapsing of Cenvat Credit Applies Only in case of Absolute Exemption Notifications

November 22, 2023 474 Views 0 comment Print

Explore the CESTAT Ahmedabad ruling in Suraj Industries vs. C.C.E & S.T.-Silvassa. Analysis of Cenvat Credit Rules, exemption dispute, key arguments, and tribunal’s verdict.

Let export order cannot be issued before payment of full custom duty: CESTAT

November 22, 2023 669 Views 0 comment Print

Explore Odisha Mining Corporation vs. Commissioner of Central Excise case. Detailed analysis of let export order, duty payment, and refund claim rejection.

Service tax not leviable on statutory charges collected from land allottees as fixed by IDCO

November 21, 2023 1671 Views 0 comment Print

CESTAT Kolkata held that processing fee, transfer fee, administrative charges, etc. collected from land allottees as fixed by IDCO are statutory in nature. Accordingly, service tax is not leviable on the same.

Goods manufactured on job work basis to be valued as per rule 11 of Central Excise Valuation Rules

November 21, 2023 843 Views 0 comment Print

CESTAT Bangalore held that rule 11 of Central Excise Valuation Rules, 2000 will be applicable for determination of assessable value of goods manufactured on job work basis.

Recovery of CENVAT based on third party statement without tangible corroborative evidence unsustainable

November 21, 2023 1164 Views 0 comment Print

CESTAT Ahmedabad held that no reliance can be placed on statements of third party without tangible corroborative evidence. Accordingly, recovery of Cenvat Credit under rule 14 rightly dropped.

Fuel surcharge not to be added for determining basic fare as commission paid on air fare only

November 21, 2023 870 Views 0 comment Print

CESTAT Delhi held that demand of service tax under rule 6(7) of the Service Tax Rules, 1994 by adding the amount of fuel surcharge to the air fare for the purpose of determining the basic fare unsustainable as commission was paid on air fare only and not on air fare plus fuel surcharge.

Services in the Form of Receipt of Patent Registered Outside India are not liable to Service Tax

November 20, 2023 639 Views 0 comment Print

Services in the Form of Receipt of Patent Registered Outside India not liable to Service Tax – CESTAT, Ahmedabad. Intas Pharmaceuticals Ltd. entered into a Technology Transfer and Licensing Agreement with Swiss company for development and commercialization of recombinant human erythropoietin. Technology Know-how Transfer Agreement with UK’s Biocam Ltd.

CESTAT Quashes Order Reversing CENVAT Credit for Transformer Oil used in Transformer Manufacturing

November 20, 2023 741 Views 0 comment Print

Assessee-company was engaged in the manufacture of transformers and their parts falling under Chapter Heading 8504 of the Central Excise Tariff Act 1985. It was registered with the Central Excise department and was availing CENVAT credit on various inputs including transformer oil.

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