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All CESTAT

Profit from mere sale & purchase of cargo space is not taxable as Business Support Service

February 10, 2020 2589 Views 0 comment Print

The facts of the case are that appellants are engaged in the business as freight forwarders and provide worldwide containerised and conventional cargo transportation and logistics services. During audit of accounts, it was noticed that besides collecting various charges, such as documentation charges, examination charges, freight charges, appellants also collected amount towards purchasing of cargo space from shipping lines.

Service Tax Exemption cannot be denied on canteen maintained by outdoor caterer

February 7, 2020 4431 Views 0 comment Print

Service Tax – Irrespective of the person who maintains canteen in a factory, exemption as per Entry 19A of 25/2012-ST is available to such person – Benefit cannot be whittled down by restricting it to factory owner alone: CESTAT

Application for Compounding of Offence can’t be rejected on Technical Grounds

February 6, 2020 2901 Views 0 comment Print

The purpose of compounding of offences against payment of compounding amount is to prevent litigation and encourage early settlement of dispute. In the guidelines issued vide Circular No. 15/10/2009 no prohibition has been imposed against deciding the application for compounding

BCD on CCTV Cameras leviable at 15% and not at Nil rate

February 6, 2020 2235 Views 0 comment Print

The appellant filed a Bill-of-Entry No. 6280158 dated 07.05.2018 for the clearance of ‘Closed Circuit Television (CCTV) Cameras’ and since the goods were of Korean origin, the appellant, under the self-assessment scheme, assessed the same at ‘Nil’ rate of Basic Customs Duty (BCD) in terms of Notification No. 152/2009-Cus. (Sl. No. 833) dated 31. 12.2009

Service Tax on Sale of Books, hostel facility as bundled service with coaching services

February 5, 2020 2583 Views 0 comment Print

(i) Whether sale of books is service. (ii) Whether provisions of hostel facility and sale of books are to be combined with provisions of commercial training or coaching service as bundled service. (iii) Whether service tax was exempted on hostel facility.

CESTAT on Refund of CVD & SAD – Paid to regularize import under Advance Authorization

February 5, 2020 4311 Views 0 comment Print

In this case, the Hon’ble Tribunal decided in favour of the Appellant with respect to availability of the Cenvat Credit. Once it is admitted fact that the Appellant was eligible to avail Cenvat Credit of the duties i.e., CVD and SAD, the Appellant is eligible to claim refund of the said Cenvat Credit in terms of Section 142(6) of the CGST Act, 2017.

Cenvat Credit eligible on renting of premises outside factory for marketing

February 3, 2020 1392 Views 0 comment Print

CESTAT Mumbai allows Cenvat Credit on renting immovable property for marketing and sales promotion. Pre and post-amendment period covered. Appeal allowed.

No Service Tax on recovering back of Cheque dishonor charges

January 30, 2020 963 Views 0 comment Print

The appellant is providing financial services and gives loans. For recovery of loans, the appellant collects post-dated cheques. There are instances when post-dated cheques after being presented to bank get dishonoured. The bank collects charges for dishonouring of the cheques. Such charges are recovered by the appellant from their clients. It appeared to Revenue that such charges should be included in the assessable value for levy of service tax. Therefore, proceedings were initiated which culminated into passing of the impugned order.

Unit in Free Trade Warehousing zone exempt from service tax on export

January 30, 2020 8058 Views 0 comment Print

M/s Broekman Logistics India) Pvt Ltd. Vs Commissioner of GST & CE  (CESTAT Chennai) Appellant is authorized to carry out the operations by setting up a unit in the FTWZ zone. They have been rendering Storage and Warehousing services predominantly to foreign customers. On the charges collected for services rendered to Indian customers, the appellants […]

Event Management Service used for promoting brand value is Input Service

January 28, 2020 969 Views 0 comment Print

Issue under consideration is that whether the Appellants are entitled to avail CENVAT Credit on the input service viz. event management service?

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