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Calculate Limitation period for refund as per General Clauses Act (Sections 9 & 10)

July 14, 2023 4893 Views 0 comment Print

In a case between ArcelorMittal Projects India Limited and C.C.-Mundra, the CESTAT Ahmedabad allowed the appeal of the appellant, stating that the limitation period for refund calculation should be determined according to Section 9 and 10 of the General Clauses Act.

Upgraded Beneficiated Ilmenite Classifiable under CTH 2823

July 13, 2023 1152 Views 0 comment Print

CESTAT Chennai held that Upgraded Beneficiated Ilmenite are synthetic Rutile and hence classifiable under CTH 2823 and not under 2614.

Wireline logging, perforation and mechanical job service is classifiable under mining service

July 13, 2023 651 Views 0 comment Print

CESTAT Delhi held that service of wireline logging, perforation and other mechanical job is covered under mining service only with effect from 01.06.2007. Accordingly, such services cannot be classified under ‘technical testing and analysis’ and taxed prior to 01.06.2007.

CENVAT on invoices raised by dealers/ distributors available as service tax paid by them not disputed

July 13, 2023 831 Views 0 comment Print

CESTAT Hyderabad held that the Appellant is eligible to take the cenvat credit on the invoices raised by various car dealers, distributors for the services provided by them as payment of service tax by such dealers/ distributors not disputed.

CENVAT for insurance premium paid towards group insurance of employees duly available

July 13, 2023 1071 Views 0 comment Print

CESTAT Delhi held that the Cenvat credit for the insurance premium paid in respect of the group insurance/insurance of employees including retired employees/mediclaim is duly available as the same is having nexus to the business of the assessee.

Service tax duly payable by sub-contractor even if main contractor discharged tax liability

July 13, 2023 1239 Views 0 comment Print

CESTAT Chandigarh held that sub-contractor is liable to pay service tax on ‘Erection, Commissioning and Installation service’ even if the main contractor has discharged Service Tax liability on the activity undertaken by the sub­contractor.

LCD panel components is to be classified separately from final article

July 13, 2023 1560 Views 0 comment Print

CESTAT, Bangalore ruling clarifies LCD panel classification. LCD Panels classified under tariff entry 9013 8010, while parts under 9013 9010.

Incentive received by Advertising Agency from Print media is not leviable to service tax under BAS

July 12, 2023 2484 Views 0 comment Print

CESTAT Hyderabad held that amount of incentive received by the Advertising Agency from the print media cannot levied to service tax under Business Auxiliary Service (BAS).

Job Worker liable to pay duty if Principal manufacturer did not file requisite undertaking: CESTAT

July 12, 2023 1644 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal held that where a principal manufacturer did not file the requisite undertaking to the jurisdictional authority in terms of Notification No. 214/86, then the job worker was liable to pay the duty on the goods manufactured.

Registration under particular service not required for exemption under notification 41/2007-ST

July 12, 2023 1224 Views 0 comment Print

CESTAT Chandigarh held that the Registration under a particular service is not necessary for the purpose of claiming exemption under Notification No. 41/2007 dated 06.10.2007.

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