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Imported External/portable hard disk drive classifiable under Tariff Item 84717020

June 18, 2021 2502 Views 0 comment Print

Imported External/portable hard disk drive are classifiable under Tariff Item 8471 70 20 as Hard disk drives and not under Tariff Item 8471 70 30. Therefore we are of the considered opinion that the instant issue about classification of External/Portable Hard Disc Drives is no more res integra and the appellants have rightly classified them under CTH 8471 7020.

CESTAT upheld rejection of refund of service tax on out-of-Pocket Expenses

June 18, 2021 507 Views 0 comment Print

Astrazeneca India Pvt. Ltd. Vs Commissioner of GST & CE (CESTAT Chennai) refund in respect of Hotel Accommodation Services is availed only for the benefit of the employees. The same issue has been allowed in favour of the appellants in their own case for the subsequent period. For these reasons, I hold that the refund […]

Cigarette Sticks not declared in IGM: CESTAT quashes Penalty as No Opportunity of Cross-Examination given

June 17, 2021 453 Views 0 comment Print

Explore the CESTAT Ahmedabad case of Majhar Muzaffar Hussain Sayed vs. C.C.-Mundra. Delve into the nuances of penalties imposed, cross-examination demands, and the remand for a fresh decision.

High seas purchase: Cenvat/Service Tax credit cannot be denied for some gap left in statute

June 17, 2021 795 Views 0 comment Print

Mammon Concast Pvt. Limited Vs Commissioner of Central Goods and Service Tax, Customs & Central Excise (CESTAT Delhi) Admittedly the melting scrap purchased by the appellant on high sea sale, is their input for manufacture of M.S. I further find that Rule 9(1) of Cenvat Credit Rules provides that cenvat credit shall be taken by […]

No service tax on security services provided by home guards department

June 17, 2021 3027 Views 0 comment Print

Home guards department was an agency of state government and therefore, could not be considered as ‘person’ engaged in the business of running security services. Therefore, there could be no levy of service tax on security services provided by the Home Guards Department as it was a part of its statutory function.

Procedural delay in credit reversal not disentitles assessee from claiming refund

June 17, 2021 2067 Views 0 comment Print

CESTAT set aside the order passed by the Commissioner (Appeals) disallowing the refund claims of the assessee on the ground that credit reversal in Form GSTR-3B pertains to GST credit and not CENVAT credit. Held that, procedural delay will not disentitle the assessee from claiming refund when credit had been reversed in Form GSTR-3B.

No supply where an employee is seconded from foreign parent company in India

June 16, 2021 3813 Views 0 comment Print

Explore the legal battle of Honeywell Technology Solutions Lab Pvt. Ltd. against the Commissioner of Service Tax (CESTAT Bangalore). Delve into the intricacies of the judgment and its implications on service tax for seconded employees.

Relevant date for refund claim of Service Tax Paid under dispute

June 14, 2021 822 Views 0 comment Print

Sunrise Immigration Consultants Pvt. Ltd. Vs CCE & ST- Chandigarh (CESTAT Chandigarh) The facts of the case are not in dispute that a dispute between the appellant and the revenue was going on whether they were liable to pay service tax on their activity or not on export of services for the prior period. The […]

Cenvat credit eligible on service tax of commissions paid to commission agents

June 14, 2021 663 Views 0 comment Print

The issue that arises for consideration is that whether the appellants are eligible to avail Cenvat credit on the service tax of commissions paid to commission agents in regard to sales promotion of their products. At the time of hearing, the learned counsel Shri M.N. Bharathi submitted that the department has denied the credit alleging that it is post manufacturing activity.

No Cenvat Credit on Capital Goods for which full Depreciation is claimed under Income Tax

June 10, 2021 2841 Views 0 comment Print

Explore the case of Surya Alumex vs. Commissioner of Central Goods and Service Tax (CESTAT Delhi). Understand the implications of Rule 4(4) of CENVAT Credit Rules, 2004 on Cenvat credit and depreciation claims.

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