Sponsored
    Follow Us:

All CESTAT

Valuation provisions to be considered at confiscation stage & not seizure

November 10, 2020 2412 Views 0 comment Print

Commissioner of Customs (Preventive) Vs Bushrah Export House  (CESTAT Delhi) Seizure for overvaluation of exports-Valuation provisions to be considered at stage of confiscation and not seizure The CESTAT New Delhi has held that provisions of Section 14 of the Customs Act, 1962 and Rule 3 of the Export Valuation Rules have to be applied only […]

Service tax not applicable on permanent transfer of IP Rights

November 10, 2020 4506 Views 0 comment Print

Assignment of trademark and the IPR were amounted to permanent transfer and no service tax was applicable on permanent transfer of IP Rights by Foster’s to assessee. 

Charter hire of work over Rigs cannot be classified as ‘repair or maintenance service’ for Service Tax

November 9, 2020 1590 Views 0 comment Print

Dewanchand Ramsaran Industries Pvt. Ltd. Vs Commissioner of Central Excise & Service Tax (CESTAT Kolkata) We find that the learned Commissioner, in page No. 7 & 8 of the impugned order, after having noted that aforesaid scope of work, has hurriedly concluded that the work is nothing but maintenance and repair of workover oil wells. […]

Certificate of CA or Bank sufficient to establish Linkage between FIRC & Export Invoice

November 4, 2020 6972 Views 0 comment Print

The issue under consideration is whether the export proceeds realised even before the invoices were issued are against exported services since FIRCs are also not show the invoice numbers?

No Service Tax on Bariatric Surgery as same is Life-Saving Procedure

November 3, 2020 1443 Views 0 comment Print

The issue under consideration is whether service tax can be imposed on bariatric surgery even if it is a life-saving procedure? Bariatric Surgery cannot be considered as a Cosmetic or Plastic Surgery, and hence the same is not a taxable service within the meaning of clause (105) (zzzzk) of Section 65 of the Finance Act, 1994.

Department cannot force Assessee to Reverse Credit Merely for non-Intimation made under rule 6 of CCR

November 3, 2020 1248 Views 0 comment Print

The issue under consideration is whether department cannot force upon the assessee to reverse credit under Rule 6(3)(i) merely for the reason that no intimation under Rule 6 of CCR?

No monetary consideration- No Service Tax : CESTAT

November 2, 2020 2124 Views 0 comment Print

Golcha Properties Pvt. Ltd. (Golcha Cinema) Vs Principal Commissioner of Service Tax (CESTAT Delhi) The agreement with M/s. A.A. Films that was enclosed as the seventh relied upon document has only to be examined. A perusal of the agreement between the Appellant and the Distributor would also make it abundantly clear that it is the […]

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

November 2, 2020 2856 Views 0 comment Print

Interglobe Aviation Limited Vs Commissioner of Customs (CESTAT Delhi) Conclusion: Assessee was entitled to exemption from payment of integrated tax under the Exemption Notification on re-import of repaired parts/aircraft into India because in the absence of mention of integrated tax and compensation cess in column (3) under serial no. 2 of the Exemption Notification, it […]

Cenvat credit eligible on outward transportation from factory gate to customer’s place

October 28, 2020 1539 Views 0 comment Print

Commr. of Central Excise Vs Anmol Biscuits Ltd. (CESTAT Kolkata) Hon’ble Supreme Court in the case of CCEx.,Belgaum Vs. Vasavadatta Cements Ltd. : 2018 (11) GSTL 3 (SC) held that that the assessee is legally eligible to avail credit on outward transportation availed from place of removal upto a certain point, whether it is a […]

Rule 6(3) of CCR, 2004 not applies to supply of dutiable good under SFIS Scheme

October 28, 2020 600 Views 0 comment Print

Sudhir Power Ltd. Unit-III Vs CCE & ST- Jammu and Kashmir (CESTAT Chandigarh) It is a fact on record that the appellant is manufacturing DG sets and enclosures which are dutiable under Chapter 85 of CETA 1985. The appellant is also clearing goods to the buyers under SFIS Scheme duty free in terms of the […]

Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031