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Demands raised under wrong category of services: CESTAT remand matter back to AA

April 25, 2023 918 Views 0 comment Print

CESTAT find that Appellant claims that most of demands have been raised under the wrong category of services hence not sustainable.

Cross examination cannot be denied stating that no purpose will be achieved

April 25, 2023 1095 Views 0 comment Print

Noticee has a right to get copies of documents. Department has to record reasons for denying request for cross examination. Cross examination cannot be denied stating that no purpose will be achieved.

Adjudicating Authority cannot go beyond the Scope of SCN: CESTAT

April 25, 2023 2841 Views 0 comment Print

Original authority confirmed a higher amount on grounds which are not alleged in SCN and has thus traversed beyond SCN is not without substance

CIRP already passed: CESTAT disposes appeal as per NCLT directions

April 25, 2023 966 Views 0 comment Print

Ruchi Soya Industries Limited Vs Principal Commissioner of GST & Central Excise (CESTAT Chennai) Ld. Counsel Shri Vishal Sundar submitted that Corporate Insolvency Resolution Process (CIRP) was initiated in respect of the appellant under the provisions of the Insolvency and Bankruptcy Code, 2016 by order of the National Company Law Tribunal, Mumbai (NCLT) dt. 08.12.2017 […]

Rent received by Individuals owing Property jointly cannot be Clubbed to impose service tax

April 25, 2023 1716 Views 0 comment Print

Rented property jointly owned by five persons, whether appellants are liable to service tax by clubbing of all five persons or otherwise

Service tax abatement cannot be denied for non-inclusion of value of material provided free by service supplier

April 25, 2023 2916 Views 0 comment Print

As per Section 67 of Finance Act, 1994 only that value which is charged by the service provider to the service recipient shall be considered the gross value. Value of the material supplied by the service recipient since not charged by the service provider, cannot be included in the gross value of the service.

No Service Tax on work contract for construction of residential complexes prior to 01.07.2010

April 24, 2023 1218 Views 0 comment Print

No Service Tax could be levied on construction of residential complexes prior to 01.07.2010 even when service is rendered either as service simpliciter or as a works contract

Wheel of justice should not stop for filing of Appeal with SC if no stay been granted

April 24, 2023 1305 Views 0 comment Print

CESTAT Ahmedabad dismisses revenue’s appeal against IOCL, affirming the transaction value under Section 4(1)(a), setting a precedent for similar cases.

Exchange rate applicable will be rate on date the warehousing bill of entry was filed for putting goods in bond

April 24, 2023 4698 Views 0 comment Print

CESTAT held the exchange rate applicable will be the rate on the date the warehousing bill of entry was filed for putting goods in bond.

Classification of service cannot be disturbed or challenged at the end of service recipient

April 24, 2023 2421 Views 0 comment Print

Credit availed by an assessee cannot be denied or varied on the ground that the classification of service should have been made in a different category by the provider of service.

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