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No service tax liable to be demanded on construction contracts executed prior to 01.06.2007

September 5, 2023 603 Views 0 comment Print

Explore the crucial legal battle between Arasan Amuthan Construction and the Commissioner of Central Excise and Service Tax. Understand why no service tax is due on pre-2007 contracts according to CESTAT Chennai.

Service tax demand under reverse charge for IPR registered in foreign country unsustainable

September 5, 2023 1212 Views 0 comment Print

CESTAT Chandigarh held that service tax demand under reverse charge mechanism unsustainable in case the IPR is registered in any foreign country and is not registered in India.

CESTAT Sets Aside Tax Demand: Job Fabrication Not Manpower Recruitment Service

September 5, 2023 642 Views 0 comment Print

A deep dive into CESTAT Ahmedabad verdict in Hitech Industries Vs C.S.T.-Service Tax. The tribunal clarified that job fabrication does not fall under the category of Manpower Recruitment or Supply Agency Service, setting aside Service Tax demand.

Restaurants Must Prove No AC for Service Tax Exemption: CESTAT Delhi

September 5, 2023 2109 Views 0 comment Print

Unpacking the CESTAT Delhi ruling on Gurukripa Yuvraj Veg & Non-veg Restaurant regarding service tax exemption based on AC facility. Key takeaways and implications.

Penalty u/s 114 imposable on CHA who abetted or facilitated illegal attempted export of prohibited goods

September 4, 2023 1422 Views 0 comment Print

CESTAT Chennai held that penalty u/s 114(i) of the Customs Act, 1962 imposable as CHA has abetted or facilitated, may be deliberate or negligent, an illegal attempted export of prohibited goods i.e. Red Sanders wood pillars and tops.

Activity of loading, unloading of goods at port taxable under Cargo Handling Service

September 4, 2023 1395 Views 0 comment Print

CESTAT Ahmedabad held that as the service charges are based on metric tons of the goods handled and not on the basis of wages of laborers deployed for the job, the activity of the loading, unloading of goods at port, cutting of bags, spreading of zola, cleaning of jetty is classified under Cargo Handling Service.

CESTAT, Mumbai lambasts Revenue for not depicting correct factual position

September 4, 2023 630 Views 0 comment Print

CESTAT Mumbai dismisses Revenue’s application for review against DHL Lemuir Logistics, criticizes incorrect factual representation.

Suppression Required to Invoke Extended period of limitation, for SCN Issuance

September 4, 2023 1476 Views 0 comment Print

For issuance of SCN involving extended period of limitation, suppression has to be brought on record which has not been done in this case by revenue.

Manufacture of Excisable Goods (Drugs) not Taxable under Business Auxiliary Service Tax

September 4, 2023 5649 Views 0 comment Print

CESTAT Ahmedabad order on Pharmanza India Pvt Ltd vs C.C.E. & S.T. case. Understand why manufacturing of drugs is not subject to business auxiliary service tax.

Service Tax penalty under Section 76 & 78 cannot be imposed simultaneously

September 3, 2023 2967 Views 0 comment Print

CESTAT Ahmedabad in M D Engineers Vs C.C.E. & S.T. held that Service Tax penalty under Section 76 and 78 cannot be imposed simultaneously.

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