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CBEC Letter cannot enlarge scope of exemption notifications

July 3, 2020 1245 Views 0 comment Print

Sova Solar Ltd. Vs CCE & ST (CESTAT Kolkata) It is pertinent to consider whether CBEC can enlarge or modify the scope of an exemption notification which is in the form of a subordinate legislation through a letter or circular. Taxing statutes have to be strictly construed and the power of taxation lies with the […]

No service tax on construction services prior to introduction of Works Contract Service in June 2007

July 2, 2020 708 Views 0 comment Print

No service tax can be demanded on construction services prior to introduction of „Works Contract Service” in June 2007 wherein there is a supply of goods and service.

Excise Duty Recovery for Shortage of goods in Absence of Evidences not valid

July 1, 2020 1329 Views 0 comment Print

whether the Central Excise Officers are correct in levying duty on account of discrepancies in the records of the appellant and shortages in the stock of raw-material as well as finished goods?

No Custom Penalty for goods cleared by officers after signing Bond

July 1, 2020 927 Views 0 comment Print

Penalty under Section 114A and other penal provisions cannot be invoked when the goods were permitted to be cleared by the officers. However, the Revenue will be free to recover duty along with interest in terms of the Notification.

Composite Contract can be subject to service tax only under Work Contract Service after 01 June 2007

June 19, 2020 4440 Views 0 comment Print

The issue under consideration is whether the service would continue to be classified under CICS/CCS and changing the classification into WCS midway is permissible or not?

Customs cannot deny benefit where licensing authority not taking any action – SFIS benefit available to golf carts

June 12, 2020 570 Views 0 comment Print

EIH Associated Hotels Ltd. Vs Commr. of Customs (E) (CESTAT Mumbai) After considering the submissions of both sides, we find that in the first round of litigation when the original authority confirmed the demand and confiscated the goods with a redemption fine of Rs.1,00,000/-, the appellant filed appeal before the Commissioner (Appeals) and the Commissioner […]

No Service Tax on construction of residential complex prior to 01.06.2010

June 10, 2020 1881 Views 0 comment Print

The issue under consideration is whether service tax will be levied on promoters/builders/developers prior to 01.06.2010 in respect of the construction of the residential complex?

No ST on brokerage from overseas reinsurance even if amount received in Rupees

June 10, 2020 1806 Views 0 comment Print

The issue under consideration is whether the contention if the appellant is correct that they are not liable to pay service tax on brokerage received from overseas reinsurance on the ground that the service falls under the category of export of service?

No service tax on KIADB for discharging statutory function

June 9, 2020 3582 Views 0 comment Print

Assessee was not liable to pay the service tax at all as it was a statutory body discharging the statutory function as per the statute Karnataka Industrial Areas Development (KIAD) Act, 1966 and hence was not liable to pay service tax.

No Service Tax on Loan Foreclosure charges collected by banks & NBFCs- CESTAT Larger Bench

June 8, 2020 10944 Views 0 comment Print

Foreclosure charges collected by the banks and non banking financial companies on premature termination of loans are not leviable to service tax under ‘banking and other financial services’ as defined under section 65 (12) of the Finance Act

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