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Confiscation of imported rough diamonds unjustified as no verification conducted on suspected faulty certificate

October 5, 2023 1068 Views 0 comment Print

CESTAT Mumbai held that confiscation of imported rough diamonds unjustified as if the Kimberly Process Certification was suspected to be faulty the verification should have been initiated with issuing authority.

Sale of customized software on CD is excisable goods hence cannot be considered for levy of service tax

October 5, 2023 1332 Views 0 comment Print

CESTAT Bangalore held that sale of the customized software on a CD as part of the ‘Distributed Control Systems’ DCS is excisable goods and hence it cannot be considered for levy of service tax.

Extension of Limitation Not Applicable Without Intent to Evade Service Tax Payment

October 5, 2023 1014 Views 0 comment Print

CESTAT Ahmedabad rules in favor of M/s. Sophisticated Instrumentation, a charitable trust, stating that the extended limitation cannot be invoked when there is no intention to evade service tax.

Refunds Based on Legal Interpretations Should be Exempt from Recovery due to Subsequent Legal Changes

October 4, 2023 1137 Views 1 comment Print

Explore CESTAT Kolkata verdict in Alkem Health Science vs. Commissioner of CGST & CX, addressing refund claims related to education cess and higher education cess.

Religious body providing renting of immovable property liable to service tax only from 01.07.2012

October 4, 2023 903 Views 0 comment Print

CESTAT Chennai held that appellant being religious body is liable to pay service tax for renting of immovable property only from 01.07.2012 and not before that date.

Imposition of redemption fine and penalties unwarranted when goods are exported after re-processing

October 4, 2023 717 Views 0 comment Print

CESTAT Chennai held that imposition of redemption fine and penalties when goods were provisionally released, reprocessed and exported after re-processing is unjustified and hence liable to be set aside.

Service tax not leviable on amount being reimbursed on actual basis

October 4, 2023 1824 Views 0 comment Print

CESTAT Kolkata held that reimbursement for miscellaneous activities by Clearing and Forwarding Agents from their clients being reimbursed on actual basis is not includible in value of taxable service and hence service tax not leviable.

Amount of damages received for tolerating breach of contract not leviable to service tax

October 4, 2023 897 Views 0 comment Print

CESTAT Chennai held that the amount of damages received for tolerating the breach of contract by contractors and sub-contractors is not consideration. Any amount, which is not a consideration for provision of service, cannot be subjected to service tax.

Demand of Service Tax on liquidated damages not justified: CESTAT Chennai

October 4, 2023 1179 Views 0 comment Print

CESTAT Chennai’s order in the case of Bharat Heavy Electricals Limited (BHEL) rules that liquidated damages are not liable to service tax. Explore the detailed analysis.

Service Tax to be paid on income received under business ancillary services

October 4, 2023 669 Views 0 comment Print

CESTAT Ahmedabad dismisses Natural Petrochemicals Pvt Ltd’s appeal, upholding Service Tax demand under Business Auxiliary Service and rejecting financial hardship claim.

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