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Extended period cannot be invoked as appellant is government company

April 22, 2023 2022 Views 0 comment Print

CESTAT Delhi held that when a government company is involved there will be a rebuttable presumption regarding non­existence of any of the ingredients mentioned in the proviso to section 73(1) of the Finance Act. Accordingly, extended period of limitation couldn’t be invoked.

Provisions of rule 6 of CCR doesn’t apply as electricity is not excisable goods

April 22, 2023 1212 Views 0 comment Print

CESTAT Delhi held that as electricity is not excisable goods under section 2(d) of the Central Excise Act, 1944 hence rule 6 of the Cenvat Credit Rules (CCR) would not be applicable.

Demand of tax under RCM unsustainable as service provider collected and deposited the tax

April 22, 2023 3699 Views 0 comment Print

CESTAT Delhi held that if tax is payable under RCM, however, service provider has duly collected the service tax and deposited the same to the Government. Demanding service tax under RCM from the service receiver will amount to double taxation and hence such demand not sustainable.

Anti-dumping duty is leviable based on commercial supply of item in the domestic industry

April 22, 2023 1260 Views 0 comment Print

CESTAT Delhi held that Clad with compatible non-clad aluminium foil didn’t had any commercial supplies in the domestic industry during the period of investigation and hence anti-dumping duty on the same is not leviable.

No service tax on Construction of Complex by Co-op Housing Society for its Members

April 22, 2023 975 Views 0 comment Print

In a landmark ruling, the Supreme Court clarified that construction services provided by cooperative housing societies to members are not subject to service tax.

Service Tax on Brand Promotion Payment by Nike India during IPL to players

April 22, 2023 681 Views 0 comment Print

CESTAT Ahmedabad exempts IPL player Ajitesh Kamlesh Argal from service tax on remuneration, setting a precedent on employment vs brand promotion in sports.

Hair Transplant is a cosmetic surgery & liable to service tax levy

April 21, 2023 7245 Views 0 comment Print

Hair Transplant is neither undertaken to restore or reconstruct anatomy or its functions, nor the procedure of hair transplant restores developmental abnormalities degenerative diseases, injury or trauma. We find that hair transplant is a medical procedure to improve outer look of the body for time being and it does in any way contributes to the anatomy or functions of human body.

Adjudication of second SCN on same set of facts without Adjudicating First one is untenable

April 21, 2023 2454 Views 0 comment Print

Shairu Gems Diamonds Pvt. Ltd Vs Commissioner of Service Tax-IV (CESTAT Mumbai) CESTAT find that the learned Commissioner at paragraph 2 has referred to the show cause notice dated 21.08.2012 having been issued to the appellant, seeking confirmation of service tax demand for the period 2008 to 2012. He has also recorded that the said […]

Cenvat Credit as per books cannot be rejected without issuing SCN

April 21, 2023 828 Views 0 comment Print

CESTAT held that unless CENVAT Credit availed by the appellant has not been recovered by way of issue of show cause notice invoking Rule 14 of CENVAT Credit Rules, 2004, the CENVAT Credit available on the books of account cannot be rejected when it is accumulated on account of export of Service.

Anti-dumping duty not leviable on colour coated coil in absence of domestic industry manufacturing it

April 20, 2023 1776 Views 0 comment Print

CESTAT Delhi held that as domestic industry doesn’t manufacture/produce colour coated coil, anti-dumping duty cannot be imposed on the same.

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