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Service Tax on Compensation received by Buyer on Cancellation of Agreement to Sell an Immovable Property

June 24, 2023 1668 Views 0 comment Print

CESTAT Kolkata rules compensation received by Buyer on cancellation of Agreement to Sell immovable property not subject to Service Tax under Section 66E(e). Observes compensation for non-fulfillment by Seller doesn’t fall under ‘Declared Service’.

When no other price available at time of stock transfer value should be determined via best judgment method

June 24, 2023 729 Views 0 comment Print

CESTAT Kolkata held that when there is no other price available at the time of clearance of the goods from the factory to depot on stock transfer basis, the only way available is to determine the assessable value based on the best judgment method.

Show Cause Notice to Wrong Address Violates Natural Justice Principle

June 24, 2023 3321 Views 0 comment Print

The case of M. Pandidurai Vs Commissioner of GST & Central Excise in CESTAT Chennai sheds light on the significance of upholding principles of natural justice in tax proceedings, setting a significant legal precedent.

Enhancement in Value based on Chartered Engineer certificate – CESTAT reduces redemption fine & Penalty

June 24, 2023 1017 Views 0 comment Print

CESTAT Bangalore modifies penalties in case of import valuation discrepancies. Learn more about the details of Sri Sai Graphics Vs Commissioner of Customs.

Doctrine of unjust enrichment not applies to advance service tax payment

June 24, 2023 819 Views 0 comment Print

Unravel the details of the CESTAT Mumbai case – Satyasai Human Resource Solutions Vs Commissioner of Service Tax. CESTAT grants refund on service tax advance paid in line with Rule 6 of Service Tax Rules.

Service tax not payable on MRSAS as contract is for performance of work and not supply of manpower

June 24, 2023 882 Views 0 comment Print

CESTAT Chennai held that contract is for performance of the work and not for supply of manpower. Further, payments are for the works executed on tonnage basis/ unit basis and not on man hours or per person basis. Accordingly, service tax not payable on ‘Manpower Recruitment or Supply Agency Services’ (MRSAS).

CESTAT Quashes Excise Duty Demand on Cenvated Inputs used in Job Work

June 24, 2023 360 Views 0 comment Print

Delve into the Rama Ferro Alloys & Finance Private Limited Vs Commissioner of CGST & CX case where CESTAT Kolkata rules in favour of the appellant regarding utilization of cenvated inputs in job work.

Service Tax Refund Claim Filed Beyond Time Limit – CESTAT Upholds Rejection

June 23, 2023 1830 Views 0 comment Print

CESTAT Kolkata decision in Om India Trading Company Private Limited Vs Commissioner of CGST & Central Excise case, upheld the rejection of a service tax refund claim filed beyond stipulated time limit under Section 11B of Central Excise Act.

Ambiguity in Second Appeal Jurisdiction: CESTAT Dismisses Precautionary Appeal

June 22, 2023 366 Views 0 comment Print

Unravel the complexity of the case between Amadeus Software Labs India Pvt Ltd and the Commissioner of Central Tax (CESTAT Bangalore), involving ambiguity over the jurisdiction for a second appeal in tax rebate matters.

Service Tax not levied on reimbursable expenses incurred by Assessee

June 22, 2023 1473 Views 0 comment Print

CESTAT overturned the order that had previously confirmed the demand on expenses such as deconsolidation charges, transportation charges, and DO charges. These expenses were initially collected by the assessee from their clients and then paid to the service provider.

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