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Service tax exempt on packed goods, delivered for sterilization under N/N. 8/2005-ST

July 2, 2023 1071 Views 0 comment Print

Learn about the significant verdict of CESTAT Ahmedabad in Universal Medicap Limited Vs Commissioner of Central Excise & ST case, offering critical insights on taxability and exemptions concerning the sterilization process in goods production.

Input Service Distributor procedure not to be followed in absence of head office-branch office relation

July 1, 2023 960 Views 0 comment Print

Held that the Hyderabad office is not required to act as an input service distributor (ISD) as there is no head office-branch office basis relation between the Hyderabad office and other offices. Accordingly procedure under Rule 4A of the Services Tax Rules, 1994 not required to be followed.

Prior period demand not maintainable as ‘Information Technology Software Service’ effective from 16.05.2008

July 1, 2023 570 Views 0 comment Print

CESTAT Ahmedabad held that as ‘information technology software service’ was implemented w.e.f. 16.05.2008 the same cannot be held taxable prior to that date. Hence, demand for the period prior to 16.05.2008 is not maintainable.

‘Squid Liver Powder’ is correctly classifiable under CTH 23099090

July 1, 2023 1095 Views 0 comment Print

CESTAT Chennai held that ‘Squid Liver Powder’ being a high-quality feed ingredient for aqua feed and all type diet for animals, the product which is not for exclusive use for fish, prawn etc. has been correctly classified under CTH 23099090.

Section 14 of Customs Act not relevant to rough diamonds as same are leviable to NIL duty

July 1, 2023 1449 Views 0 comment Print

CESTAT Mumbai held that section 14 of Customs Act, 1962, or any Rules framed thereunder, is not of relevance to the rough diamonds as the same are leviable to NIL duty as per the Customs Tariff Act, 1975.

Service Tax Demand under RCM: Transaction-wise, not Invoice-wise

June 30, 2023 3849 Views 0 comment Print

This article delves into the complexities of service tax demand under the reverse charge mechanism, emphasizing the importance of analyzing transactions individually. We examine a recent case involving M.P. Audyogik Kendra Vikas Nigam (Indore) Ltd and provide insights on the matter.

Chick drinker, Auto feeder and Poultry cage are rightly classifiable under CETH 84361000

June 30, 2023 1365 Views 0 comment Print

CESTAT Chennai held that the Chick drinker, Auto feeder, and Poultry cage are rightly classifiable under CETH 84361000 and not under CETH 39269099.

Low Aromatic White Spirit is rightly classifiable under the CTH 27101990

June 30, 2023 1353 Views 0 comment Print

CESTAT Kolkata held that Low Aromatic White Spirit is rightly classifiable under the CTH 27101990 and not classifiable as ‘Light Oil and Preparations’ under CTH 27101239

Services performed on principal-to-principal basis not classifiable as intermediary service

June 30, 2023 2199 Views 0 comment Print

CESTAT Chennai held that as appellant is providing main service i.e. business support service on his own account and is not acting as an intermediary i.e. the services were performed by the appellant on a principal-to-principal basis and at arm’s length basis.

Denial of cross-examination of witnesses is violative of principles of natural justice

June 30, 2023 3147 Views 0 comment Print

CESTAT, remanded order passed by Adjudicating Authority and held that denial of cross-examination of witnesses is violative of principles of natural justice.

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