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Rejection of Service Tax refund Valid if not applied online within due date

February 9, 2021 1935 Views 0 comment Print

The Application for refund of service tax has to be made within the period stipulated in sub-section (3) of section 102 of the Finance Act.

Date of receipt of order in absence of proof with Department of actual receipt of order by assessee

February 5, 2021 2694 Views 0 comment Print

Venkateshwara Power Projects Ltd Vs Commissioner of Central Tax (CESTAT Bangalore) Assistant Commissioner passed the Order-in-Original on 18/03/2019 but the same was not actually delivered to the appellant. The appellant only came to know on 12/03/2020 when they received a letter from the Superintendent informing them about the passing of the Order-in-Original and ordered to […]

Cost of material supplied free of cost not includible in value of mining services

February 1, 2021 2229 Views 0 comment Print

The issue involved in this appeal is as to whether the value of items supplied free of cost by service recipient to the appellant have to be included in the value of mining services provided by the appellant.

Service rendered by Tata Sons under BEBP agreement eligible as ‘input service ‘for Tata Steel

January 28, 2021 1584 Views 0 comment Print

Service rendered by Tata Sons Ltd. under BEBP agreement  between Tata Steel Ltd. and Tata Sons Ltd. was eligible as ‘input service’ for TSL and the service tax paid was available as cenvat credit to TSL under the Cenvat Credit Rules, 2004.

CENVAT credit on reinsurance services for insuring business risks allowable

January 28, 2021 936 Views 0 comment Print

In the instant case, the reinsurance services availed by the Appellant are for insuring its business risks and not in respect of any particular motor vehicle. Reinsurance, by its nature, pertains to the insurance of business of the Appellant.

Fruit pulp or fruit juice based drinks classifiable under CTH 22029920

January 25, 2021 7044 Views 0 comment Print

The goods imported by assessee, such as, Big Cola, Big Orange Cola, Big Lemon etc., which they described as ‘carbonated beverage with fruit juice’ were neither carbonated beverage alone nor fruit juice alone gave the essential character of the products in question; both contribute to its essential character. The issue could not be resolved as per Rule 3(a) and 3(b) of the Rules of Interpretation and therefore resort was to be made to Rule 3(c). Since Customs tariff heading (CTH) 22029920 came last in the order, it prevails and the goods were classifiable under this heading.

No Service Tax on Secondment of Employees by group companies

January 19, 2021 2505 Views 0 comment Print

Target Corporation India Pvt Ltd Vs C.C.E. (CESTA Bangalore)  Definition of ‘Manpower Recruitment or Supply Agency’ seeks to bring under its ambit, two types of activities i.e. recruitment of manpower and supply of manpower and further the service becomes the taxable service only if provided by a manpower recruitment or supply agency but in the […]

Release Seized Gold on Concessional Duty payment: CESTAT

January 19, 2021 3825 Views 0 comment Print

Asalam Khan Vs Commissioner of Central Excise & Customs (CESTAT Delhi) Appellant had brought a small quantity of 233.00 gms. of gold in the shape of 20 disc (about 11.66 gm. per disc) for personal use. Further, I find that there is no commercial quantity either of gold or cigarettes. Further I find that the […]

IGST Exemption available on re-import of repaired parts or aircraft

January 15, 2021 3201 Views 0 comment Print

Assessee was justified in claiming exemption of integrated tax under the General Exemption Notification No. 45/2017 dated June 30, 20173, as amended by Corrigendum Notification dated July 22, 2017 on re-import of repaired parts/ aircrafts into India during the period from August, 2017 to March, 2019

No service tax on bundled services related to transmission & distribution of electricity

January 14, 2021 5790 Views 0 comment Print

All the services related to transmission and distribution of electricity were bundled services, as contemplated under section 66F(3) of the Finance Act, and were required to be treated as a provision of a single service of transmission and distribution of electricity, which service was exempted from payment of service tax. Thus, it was not possible to sustain the levy of service tax on the amount collected by assessee for late payment surcharge, meter rent and supervision charges.

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