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All CESTAT

NIDB data cannot be sole basis to reject transaction value without any cogent reasons

October 20, 2020 2373 Views 0 comment Print

The issue under consideration is whether the invoice represent the true transaction value in the international market? This casual observation is not based on the factual position that emerges from the records of the case. Thus, for all the reasons above, the Commissioner (Appeals) was not justified in setting aside the orders passed by the assessing officer on the Bills of Entry.

CESTAT allows ITC which was disallowed under wrong impression

October 15, 2020 1041 Views 0 comment Print

The issue under consideration is whether the disallowance of input tax credit against service is justified in law? The said demand is also not tenable as the said demand was prima facie raised under the impression that the appellant is not entitled to cenvat credit.

Interest for Delayed Service Tax refund – From the date of application or date of order?

October 13, 2020 3069 Views 0 comment Print

Scribetech India Healthcare Pvt Ltd. Vs Commissioner of Central Tax (CESTAT Bangalore) The Bangalore CESTAT ordered for the interest for a delayed refund on the expiry of period of three months from the date of receipt of application, following the decission Supreme Court in the case of Ranbaxy Laboratories Ltd. Section 56 of the CGST […]

Service Tax liability of Demerged Undertakings cannot be fastened on assessee upon merger

October 7, 2020 2520 Views 0 comment Print

CESTAT Delhi held that, the assessee could not be held to be liable for discharging service tax liability of the Demerged Undertakings as it the service recipient and not service provider therefore, the confirmation of demand by the Commissioner is bad in law.

Cenvat Credit Can’t be Denied for Export of Exempted goods Outside India

October 5, 2020 2259 Views 0 comment Print

The issue under consideration is whether the lower authority is correct in stating that the appellant is not entitled to avail credit of duty paid on inputs used in the manufacture of exempted goods since they have cleared the said exempted goods for export outside India?

No Service Tax on amount collected towards bouncing of cheque charges

October 5, 2020 1845 Views 0 comment Print

Rohan Motors Limited Vs Commissioner of Central Excise (CESTAT Delhi) The demand of service tax in respect of the amount collected on account of bouncing of cheques and cancellation of orders is also not sustainable. These amount are penal in nature and not towards consideration for any service. In this connection reliance can be placed […]

Extended period cannot be invoked in case of revenue neutral situation

October 2, 2020 2412 Views 0 comment Print

Star Alloys & Chemicals Pvt. Ltd. Vs. CCE & ST (CESTAT Delhi) CESTAT has held that in the case of GTA service, CENVAT credit is available, therefore extended period cannot be invoked. Learned Advocate submits that whatever service tax was payable by them on the said GTA services, the same was available as a credit […]

No Service Tax on Income from Screening of Movies for Annual Film Festival

October 1, 2020 3570 Views 0 comment Print

The issue under consideration is whether service tax is applicable on income received from screening of movies for the annual film festival?

Service Tax not applicable to salary paid to employees under secondment agreement

October 1, 2020 3765 Views 0 comment Print

Goldman Sachs Services Vs Commissioner Of Central Tax (CESTAT Bangalore) Facts- Employees of overseas group companies have come on secondment to the assessee. The assessee has entered into separate employment contract with the seconded personnel and employer-employee relationship exists between the assessee and the seconded personnel. It is alleged that the activity falls under Business […]

Banks eligible to avail ITC on Insurances services availed for Rendering Output Services

September 23, 2020 693 Views 0 comment Print

The issue under consideration is whether the assessee banks are eligible for cenvat credit of service tax availed on insurance service received by the banks from the Deposit Insurance and Credit Guarantee Corporation?

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