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In absence of discrepancy in Stock of Raw Material allegation of Irregular CENVAT Credit is invalid

March 11, 2023 540 Views 0 comment Print

During investigation there is no discrepancy pointed out regarding the stock of raw material maintained by the appellant and the return submitted for the relevant period shows proper transaction of said material as claimed by the appellant. After considering the above facts and circumstances, I find no reason to allege that the appellant had availed ineligible CENVAT credit.

No Service Tax on Operational Charges to Owners of Power Plants

March 11, 2023 570 Views 0 comment Print

Operational Energy Group India Pvt. Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) Issue whether service tax is required to be discharged on operational charges by the appellant has already been examined and decided in favour of the appellant by this Bench in the appellant’s own case vide Final Order No. 40104/2019 dated […]

Extended period of demand cannot be invoked if confusion on classification of services at the end of department

March 11, 2023 840 Views 0 comment Print

Messrs Darcy Reservoir Consultancy Services P Ltd Vs C.S.T. Service Tax (CESTAT Ahmedabad) CESTAT gone through the records, various submissions made and the case laws cited before us. We find that the case laws cited (Supra) by the appellant squarely covers their activities under ‘Survey And Exploration Of Minerals Service’ and Department has sought to […]

CESTAT reduces penalty for delay in Service Tax payment & Return filing considering financial difficulties

March 11, 2023 732 Views 0 comment Print

Triumph India Software Services Pvt Ltd Vs Commissioner of Central Tax (CESTAT Bangalore) Managing Director of the appellant-company, appeared in person and submitted that she was the Managing Director of the Company at the relevant time. Due to financial difficulties, they could not pay service tax as submitted during investigation. Regarding the appellant’s responsibility to […]

Services of advertisement in print-media is exempt from service tax u/s 66D(g)

March 11, 2023 7668 Views 0 comment Print

CESTAT Delhi held that services of advertisement in print-media is exempt in terms of negative list of services under section 66D(g) of the Finance Act, 1994. Accordingly, service tax not leviable on the services of advertisement in print-media.

Value declared on import upheld as difference in comparable price justifiably explained

March 10, 2023 1242 Views 0 comment Print

CESTAT Ahmedabad held that difference is value declared on import of non-calcined petroleum coke by the appellant i.e. Rs. 2871.15 as against the comparable imports price i.e. Rs. 3701.20 justified based on the nature of supplies and long-term contract of appellant with supplier.

Service Tax Penalty under Section 76 cannot be imposed when Section 78 penalty was imposed

March 10, 2023 2502 Views 0 comment Print

Sos Finance Vs C.S.T. Service Tax (CESTAT Ahmedabad) Limited issue to be decided in the present case is that whether the appellants are liable for penalty under Section 76 & 78 of the Finance Act, 1994. As regard, the imposition of penalty under Section 76 in the present case, I find the issue is settled […]

Classification of Service cannot be disputed at the recipient End

March 10, 2023 1518 Views 0 comment Print

Gulf Oil Corporation Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT find that the cenvat credit was denied to appellant on the ground that service being classifiable under Sponsorship Service, the appellant was supposed to discharge the service tax under GR-7 Challan. We find that the service provider M/s. K.P.H. Dream Cricket Pvt. Ltd. has […]

Fraudulent Export – Negligence of CHA – CESTAT reduces Penalty

March 10, 2023 690 Views 0 comment Print

Parthiv V Dave Vs C.C. (CESTAT Ahmedabad) CESTAT find that the exporter has made a serious offence by mis-declaring the quantity i.e. against 30,000 pairs declared in the export document only physical quantity found 405 pairs. Moreover, the value was also shown exorbitantly high. I find that though the appellant has acted as CHA and […]

Benefit of conclusion of proceedings u/s. 73(1A) not available due to non-payment of 25% reduced penalty

March 9, 2023 1731 Views 0 comment Print

CESTAT Chennai held that benefit of CBEC Circular F. No. 137/167/2006-CX dated 3.10.2007 vis-à-vis provisions of section 73(1A) of the Finance Act, 1994, relating to conclusion of entire proceedings on payment of service tax along with interest not available, as assessee failed to pay reduced penalty as required.

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