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Demand of service tax on cost sharing agreement unsustainable

November 21, 2022 2052 Views 0 comment Print

CESTAT Ahmedabad held that arrangement of the appellant with it is associate companies is in the nature of cost sharing and it would not be correct to say that the appellants are providing any services to their associate companies and hence demand of service tax unsustainable.

Proportionate credits of input services are distributable to contract manufacturing units

November 21, 2022 495 Views 0 comment Print

CESTAT Delhi held that M/s. Parle Biscuits Pvt. Ltd. can distribute credits on input services attributable to the final product on a pro rata basis proportionate to the turnover between the manufacturing plants of Parle and its contract manufacturing units

Matter remanded to re-look non-imposition of penalty u/s 114

November 21, 2022 708 Views 0 comment Print

CESTAT Chennai held that adjudicating authority has ordered confiscation of red sander but refrained from confiscation of container u/s 119 and accordingly penalty u/s 114 on the appellant was not imposed. Matter remanded to re-look into the non-imposition of penalty.

Service of construction of school/ hospital building to Charitable Institutions/ trust is exempt from service tax

November 21, 2022 11007 Views 0 comment Print

CESTAT Delhi held that services relating to construction of school building or hospital building to a charitable institutions/ trust registered u/s. 12AA of the Income Tax Act is exempt under service tax vide clause 2(k) of notification no. 25/2012-ST.

Refund of credit eligible u/s 142(6)(a) of CGST Act in case of procedural aberration

November 21, 2022 1749 Views 0 comment Print

CESTAT Mumbai held that eligibility of taking credit of the duties is undisputable and also there was procedural aberration in such case refund of credit by cash eligible u/s 142(6)(a) of the CGST Act.

Presumption of smuggled goods without evincing illicit trafficking is incorrect

November 21, 2022 1464 Views 0 comment Print

CESTAT Mumbai held that without evincing illicit trafficking of the impugned goods and presuming the same as smuggled goods deprives legal sanctity.

Disputed Cenvat Credit claim of Assessee cannot be denied by mechanically invoking 6% Rule

November 21, 2022 1227 Views 0 comment Print

Aurum Pharmachem Private Limited Vs Commissioner of CGST & Excise (CESTAT Kolkata) Issue that has to be considered in the present appeal is whether the Appellant not having maintained separate accounts in respect of the common input services used for manufacture of dutiable final products as well as exempted goods is mandatorily required to pay […]

Period of limitation doesn’t apply to refund claim of amount reversed under protest

November 21, 2022 1713 Views 0 comment Print

CESTAT Chennai held that levy of excise on bagasse and press mud was under litigation, hence the amount of credit reversed under Rule 6(3A) of CENVAT Credit Rules, 2004 has been reversed under protest and refund claim of such reversal done under protest is not hit by time-bar.

Service relating to power transmission exempted from service tax

November 21, 2022 3798 Views 0 comment Print

CESTAT Ahmedabad held that all the services provided in relation to power transmission is exempted from service tax as per notification 45/2010-ST.

Rejection of transaction value without evidence proving reason influencing price is unjustified

November 18, 2022 1020 Views 0 comment Print

CESTAT Ahmedabad held that rejection of transaction value is unjustified as department has failed to produce any evidence reflecting that the relationship between the parties has influenced the price.

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