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Reassessment by Deputy Commissioner after clearance of goods for home consumption is bad in law

February 15, 2023 1944 Views 0 comment Print

CESTAT Delhi held that the Deputy Commissioner is not empowered to issue an assessment order under Section 17(5) of the Customs Act, 1962, after the goods have already been cleared for home consumption.

ICFAI entitled to Service Tax exemption on its educational programmes

February 15, 2023 921 Views 0 comment Print

An investigation was conducted upon ICFAI and its associates all over India, which resulted into issuance of multiple show cause notices proposing the demand of service tax along with applicable cess, interest and penalty, for the period of October 2007 to September 2009.

Anti-dumping Duty cannot be demanded on the basis of expired notification

February 15, 2023 795 Views 0 comment Print

Once a notification enforcing anti-dumping duty is expired and non-existent, such non-existent notification cannot be extended.

Soil conservation & land reclamation Service by PSU to Government is exempt from service tax

February 14, 2023 948 Views 0 comment Print

CESTAT Ahmedabad held that service of soil conservation and land reclamation undertaken by public sector undertaking which is provided to Government is exempt from service tax vide notification no. 25/2012.

Assessee entitled to refund of unutilized Cenvat credit of Education and S&H Education Cess

February 13, 2023 1692 Views 0 comment Print

Assessee is legally entitled for cash refund of accumulated & unutilized Cenvat credit of Education & Secondary and Higher Education Cess as per Rule 3 of Cenvat Credit Rules, 2004

Coaching for competitive exams is taxable service under Finance Act, 1994

February 13, 2023 1575 Views 0 comment Print

CESTAT Hyderabad held that imparting of coaching for competitive examinations such as IIT-JEE, AIEEE etc is a taxable service in terms of Section 65(26) of Finance Act 1994.

Freight charges for delivering goods upto buyers’ premises is not includible in assessable value

February 13, 2023 2076 Views 0 comment Print

CESTAT Hyderabad held that freight charges for delivering goods to the buyers premises is not includible while assessing the value for the purpose of payment of central excise duty.

Process of mixing of thermol and mixed oil doesn’t amount to manufacture

February 13, 2023 993 Views 0 comment Print

CESTAT Ahmedabad held that mixing of thermol and the input namely Mixed oil does not alter the nature of the product accordingly the same doesnt amount to manufacture.

Activity of leasing workwear is not taxable under supply of tangible goods

February 11, 2023 651 Views 0 comment Print

CESTAT Ahmedabad held that activity of leasing workwear (uniform) to their clients on the conditions mentioned in the agreements with their clients is not taxable under supply of tangible goods.

Claim of extra payment unsustainable in absence of any documentary evidence

February 10, 2023 444 Views 0 comment Print

CESTAT Mumbai held that claim of extra payment of tax without any documentary evidence (except arithmetical calculation) is not adjustable and unsustainable in law.

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