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Renting of immovable property for hotel is excluded from the ambit of section 65(105)(zzzz)

June 30, 2023 2127 Views 0 comment Print

CESTAT Chennai held that renting of immovable property for a hotel is expressly excluded from the ambit of the taxable service in Section 65(105)(zzzz) of the Finance Act, 1994. Accordingly, demand not sustainable.

Tribunal held classification of Non Textured Fabrics must be based on nature and material coated

June 30, 2023 1755 Views 0 comment Print

Classification of non-textured fabrics must be based on nature and material coated as end use of a product could not be a criteria for classification, the other parameters such as the nature of cloth, nature of coating etc were required to be ascertained to classify the fabrics.

Cenvat Credit eligible on Cement & Steel used in Commercial & Industrial Construction

June 30, 2023 1416 Views 0 comment Print

In a landmark ruling, CESTAT Ahmedabad ruled that the Cenvat credit is applicable on cement and steel used in Commercial and Industrial Construction Services, marking a key interpretation of Cenvat credit rules.

Extended Limitation in Service Tax Demand -Unjust if no Proof of Fraud or Evasion

June 30, 2023 996 Views 0 comment Print

Explore the decisive ruling by the CESTAT Ahmedabad in the Thakarshi J Likhiya Vs Commissioner of Central Excise & ST case, focusing on the invocation of the extended period of limitation in service tax demand.

Excise duty payable on Physician Sample on valuation as per Section 4 

June 30, 2023 714 Views 0 comment Print

CESTAT Ahmedabad ruled in favor of Sun Pharmaceuticals, determining that the valuation of physician samples is governed by Section 4 of the Central Excise Act, 1944. Discover the details and implications of this landmark case.

Without evidence, job work charges cannot be taxed as Manpower Supply Service

June 30, 2023 873 Views 0 comment Print

Discover the CESTAT Ahmedabad verdict on the case of S A Engineering Works Vs Commissioner of Central Excise & ST. Learn how lack of evidence led to a ruling in favor of the appellant.

Fixed Facility Charges not being provision of supply of tangible goods is not leviable to service tax

June 29, 2023 786 Views 0 comment Print

CESTAT Chennai held that as fixed facility charges (FFC charges) are not in the nature of considered received for providing supply of tangible goods. Service tax is not payable on the same.

No liability to pay interest in a revenue-neutral situation

June 29, 2023 3228 Views 0 comment Print

CESTAT held that where the differential duty paid by the assessee is available as CENVAT credit to the Assessee’s sister concern then it is a revenue-neutral situation. Thus, as duty was not actually payable, the payment of interest does not arise in the case of revenue neutral situation.

Demand of excise duty is valid if Assessee was aware that transaction was done without payment of duty

June 28, 2023 1488 Views 0 comment Print

CESTAT Ahmedabad rules on the Rajesh Mangal vs C.C.E. & S.T. case, affirming the validity of an excise duty demand but reducing the penalty under Rule 26. Read about the implications and insights from this ruling.

CESTAT Orders Re-adjudication in ONGC Case Regarding Cenvat Credit Admissibility

June 27, 2023 1113 Views 0 comment Print

CESTAT Ahmedabad directs re-adjudication for verification of the use of steel items in the ONGC case. The Tribunal emphasises on the need for physical verification to determine Cenvat credit admissibility.

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