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SEZ unit entitled to refund on services not listed as a specified services in list approved by Approval Committee

June 5, 2022 1257 Views 0 comment Print

Intas Pharmaceuticals Ltd Vs C.S.T. Service Tax (CESTAT Ahmedabad) SEZ Act allows duty free receipt of services required for the authorized operations. Notification No. 12/2013-ST provides the route of refund of such service tax paid. There is no requirement of approval of any specified service by approval committee in the SEZ Act. Requirement arise only […]

‘Cargo Handling Service’ being incidental service, service tax not leviable on storage of import cargo

June 4, 2022 4599 Views 0 comment Print

Seabird Marine Services Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) Facts- These appeals are filed by the M/s Seabird Marine Services Pvt. Ltd., Mundra International Container Terminal Pvt. Ltd., Allcargo Logistic Ltd., and Honeycomb Logistics Pvt. Ltd. against demand of Service Tax on “Storage and Warehousing services” allegedly provided by the appellant’s, demand of […]

Violation of Principles of Natural Justice – CESTAT set aside Service Tax Order

June 2, 2022 1791 Views 0 comment Print

Indo Unique Flame Limited Vs Commissioner of Central Excise & Service Tax (CESTAT Mumbai) The Adjudicating Authority has proceeded to determine tax liability under section 73 of Finance Act, 1994, along with appropriate interest under section 75 of Finance Act, 1994, and impose penalties under section 77 and 78 of Finance Act, 1994 without the […]

Reexamine imposition of anti-dumping duty on Viscose Staple Fibre: CESTAT Delhi

May 30, 2022 948 Views 0 comment Print

Anti-Dumping Appeal is allowed to the extent that the designated authority shall re­examine and give a fresh finding as to whether cessation of anti-dumping duty would likely lead to continuation or recurrence of injury so as to warrant imposition of anti-dumping duty for a further period of five years.

Customers Broker not liable for penal action for bonafide action based on material given by client

May 28, 2022 1224 Views 0 comment Print

he appellant no doubt has filed Bill of Entry in the present case. But the same has been filed on the basis of material given to him by his client. He has expressed his bonafide and denied in-correctness of those documents. Merely because there is evidence on record to falsify the said statement, Customs Broker cannot be held liable for the penal action.

Excise duty not leviable on intermediate goods captively consumed for manufacture of exempted final products

May 28, 2022 2217 Views 0 comment Print

Spray King Agro Equipment Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) Facts- The appellant is engaged in the manufacture of Brass parts of agricultural products falling under Chapter sub- heading 8424900 of the Central Excise Tariff Act, 1985. As per the Notification No. 03/2005-CE dated 24.02.2005, Brass parts of Agriculture Products are exempted from […]

Service tax not leviable on services rendered by club to its members

May 27, 2022 2202 Views 2 comments Print

The law laid down in Calcutta Club is that a club and its members are one and the same and the club is formed for the purpose for mutual benefit of its members. Therefore, any amount paid by the members to the club and the services rendered by the club to its members are self service and cannot be taxed.

Service of transportation of goods provided to recipient outside India is not taxable

May 27, 2022 2523 Views 0 comment Print

Place of Provision of Service Rules, 2012 is not a provision for charging of tax; it is limited to determination of location of taxable entity as an adjunct to the charging provision in section 66 B of Finance Act, 1994. The impugned order has not evaluated the impugned activity from that perspective.

Services rendered by club to its members is self-service not taxable under service tax

May 26, 2022 2739 Views 0 comment Print

The law laid down in Calcutta Club is that a club and its members are one and the same and the club is formed for the purpose for mutual benefit of its members.

Revocation of courier licence justified on breaching legal framework of Customs Act

May 26, 2022 1461 Views 0 comment Print

The Government has been simplifying the law and procedure relating to imports through courier from time to time. Accordingly, lot of trust and reliance has been placed on the courier agencies. A very clear procedure has been put in place by way of Courier Regulations to stream line the imports through Courier mode.

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