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Area development charges allocated by Government to meet administrative expense is not consideration

May 1, 2023 363 Views 0 comment Print

CESTAT Delhi held that allocation of area development charges by the State Government to the appellant to meet up its administrative expenses without performance of any service in exchange of the amount cannot be treated as consideration towards a service.

Freight & handling charges separately shown in invoice not includible in assessable value

May 1, 2023 4503 Views 0 comment Print

CESTAT Ahmedabad held that amount charged as freight and handling charges which are separately shown in the invoices cannot be included in the assessable value under section 4 of the Central Excise Act, 1944.

Service tax not leviable on construction of residential complex under JNNURM and for Gujarat State Police

May 1, 2023 651 Views 0 comment Print

CESTAT Ahmedabad held that the Construction of Residential Complex under Jawaharlal Nehru National Urban Renewal Mission (JNNURM) Scheme and construction of residential housing for Gujarat State Police Housing Corporation Ltd. is not liable to service tax.

Duty demand unsustainable in absence of under-valuation in costing of the product

May 1, 2023 261 Views 0 comment Print

CESTAT Kolkata held that central excise duty demand not sustainable as there was no under-valuation in the costing of the product i.e. footwear components.

Value of bought out items supplied with manufactured goods not includible in assessable value

May 1, 2023 510 Views 0 comment Print

CESTAT Ahmedabad held that value of bought out items supplied along with manufactured goods cannot be included in the assessable value of the manufactured goods.

‘MIRACULAN’ containing 0.05% Traicontanol is product under category of insecticides

May 1, 2023 576 Views 0 comment Print

CESTAT Ahmedabad held that the product MIRACULAN which primarily contains Traicontanol 0.05% by weight is a product under the category of Insecticides and cannot be considered as the plant growth regulator.

Contract involving supply or deemed supply of goods and rendering service falls within works contract service

April 28, 2023 1230 Views 0 comment Print

Delhi High court held that in case there is supply or deemed supply of goods and rendering service, the same will fall within the ambit of works contract service regardless of whether or not VAT or service tax is payable.

Extended period of limitation not invocable as non-payment of tax was due to bonafide belief

April 28, 2023 570 Views 0 comment Print

CESTAT Chennai held that non-payment of service tax under GTA by assessee (Co-operative Society) was due to bonafide belief and there was no deliberate intention for not paying tax. Accordingly, extended period of limitation not invocable.

Denying cross examination of witnesses and non-supplying of records renders proceeding untenable

April 28, 2023 693 Views 0 comment Print

CESTAT Kolkata held that denial of cross examination of witnesses and non-supply of relevant records is clear violation of principle of natural justice and accordingly impugned order is unsustainable.

Appeal can be filed against Excise Superintendent letter denying benefit 

April 28, 2023 528 Views 0 comment Print

Letter written by Central Excise Superintendent is a decision against which appeal lies before Commissioner (Appeals) under Section 35

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