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Service tax not leviable on purchase of land from landowners and re-sale to Real Estate Developers

May 6, 2023 6864 Views 0 comment Print

CESTAT Ahmedabad held that purchase of land from landowners and re-sale of the same to Real Estate Developers doesn’t fall under the category of ‘Real Estate Agency Service’ and hence not liable to service tax.

CENVAT Credit not deniable alleging supplier not liable to pay duty

May 6, 2023 1659 Views 0 comment Print

CESTAT Ahmedabad held that irrespective of the fact that whether at the supplier’s end duty is payable or otherwise, CENVAT Credit not deniable once duty has been paid on the goods at the recipient end. In nut-shell, CENVAT not deniable on the ground that the supplier was not liable to pay duty on goods supplied.

Supplying of labour is not classifiable under ‘Cargo Handling Service’

May 6, 2023 678 Views 0 comment Print

CESTAT Ahmedabad held that supplying labour doesn’t qualify as ‘Cargo Handling Services’. The goods do not become cargo as any movement of goods within the factory does not make it a cargo.

Penalty u/s 114A of Customs Act not imposable in absence of any duty demand

May 6, 2023 3660 Views 0 comment Print

CESTAT Chandigarh held that penalty under section 114A of the Customs Act, 1962 not imposable in absence of any duty demand. Penalty u/s 114A is invariably linked to the quantum of duty evaded.

Blasting services classifiable under works contract services

May 6, 2023 1800 Views 0 comment Print

Commissioner Central Excise & Central GST Vs Navdeep Traders (CESTAT Delhi) Issue- whether the activity of the respondent is a works contract service and thus the value of the blasting material/explosives is to be excluded from the amount received by the assessee for blasting at customers site for excavation of sand stone. The respondent – […]

Service exempted retrospectively – Tax collected – Tax Incidence passed on – Refund rightly credited to Consumer Welfare Fund

May 6, 2023 483 Views 0 comment Print

Messrs Mahasagar Travels Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) Briefly stated the facts of the case are that both the appellants are engaged in the inter-state and intra-state transportation of passengers and registered as Tour Operators and paying service tax in normal course of their business. However, Notification No. 20/2009-ST dated […]

Transaction value rightly rejected due to mis-declared quantity & grade of guar gum

May 5, 2023 945 Views 0 comment Print

CESTAT Delhi held that rejection of transaction value and determining the value based on the contemporaneous value available in National Import Database (NIDB) correct as quantity of goods is much larger than what was declared; buyer and seller are related parties and grade of guar gum is mis-declared.

No conversion of DEEC Shipping Bills of IOCL to Drawback Shipping Bills since barred by limitation

May 5, 2023 1299 Views 0 comment Print

IOCL was not entitled for the conversion of DEEC shipping bills to drawback shipping bills since it was barred by limitation and was rightly rejected by the competent authority and for the reason for non-filing of the requisite documents in terms of Section 149 of the Customs Act as well as the Circular.

‘Permanently’ in 4th Proviso to rule 9 of Pan Masala Packing Machine Rules means particular month

May 5, 2023 978 Views 0 comment Print

CESTAT Ahmedabad held that the term ‘permanently’ in 4th Proviso to rule 9 of Pan Masala Packing Machine Rules is clearly related to a particular month and not forever.

Denial of CENVAT credit merely because invoice didn’t mentioned event details is unjustified

May 5, 2023 1236 Views 0 comment Print

CESTAT Delhi held that denial of CENVAT credit of ‘event management services’ merely because invoice didn’t mention what event was being organized is unjustified.

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