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No Service Tax on health care services by clinical establishments

January 5, 2018 95211 Views 0 comment Print

These 7 appeals are involving common dispute and are accordingly taken up together for disposal. 6 appeals are by assessees. One is by Revenue. The appellant assessees are engaged in health care services to the patients and they are managing well-known hospitals/medical centres in various places.

CESTAT on Cenvat Credit on towers, portable shelters and accessories

January 3, 2018 1764 Views 0 comment Print

M/s Vodafone Essar Digilink Ltd. Vs. CCE (CESTAT Chandigarh) The appellant is in appeal against the impugned order wherein the cenvat credit on towers, shelters & prefabricated building etc. of Rs. 5,88,13,400/- has been denied. Consequently, the duty was demanded along with interest and equivalent amount of penalty has been imposed. Aggrieved from the said […]

Air Travel Agency & Outdoor Catering Service are Input Services

January 2, 2018 2271 Views 0 comment Print

The CESTAT, Bangalore bench, while allowing Cenvat Credit to M/s. Nvidia Graphics Pvt. Ltd, recently held that Outdoor Catering and Air Travel Agency service are Input Services.

No service tax on screening films in multiplex on Revenue Sharing basis

December 22, 2017 7317 Views 0 comment Print

A division bench of the Ahmedabad CESTAT recently held that Service Tax is not payable for screening of films in multiplex on a revenue sharing basis. The issue before the bench was that whether the appellant, M/s PVS Multiplex Pvt Ltd is liable to pay service tax on the screening of films in their multiplex and also whether they are liable to pay service tax under the head renting of immovable property?

Cenvat credit not to be reversed on transfer of capital goods to sister concerns without physical movement

November 22, 2017 3519 Views 0 comment Print

In view of settled legal position regarding need for physical removal of capital goods or inputs, in order to attract the provisions of Rule 3 (5) of Cenvat Credit Rules, 2004, we find that there is no justification to invoke such provision to demand and recover any amount from the appellant in this case

No Service tax on Brand Promotion Fee before 01.07.2010

November 10, 2017 777 Views 0 comment Print

The Brand promotion fee was not taxable until Negative list came into effect from 01.07.2010 and hence there cannot be any liability upon the Respondent till that period.

Statutory time limit is applicable to claim of refund of service tax paid mistakenly

November 8, 2017 16725 Views 0 comment Print

The Bangalore bench of the CESTAT, last week ruled that limitation cannot be invoked for denying refund of service tax paid by assessee by mistake under the provisions of Finance Act, 1994.

Services provided to Facebook, Ireland is Export Service & eligible for cenvat refund

November 6, 2017 1347 Views 0 comment Print

They provide the SMS Aggregator services to M/s Facebook under an agreement for which the bills were raised to M/s Facebook, Ireland and the amount was received in convertible foreign currency. They filed four refund applications towards refund of unutilized cenvat credit of input services used for export of services in terms of Rule 5 of Cenvat Credit Rules,2004

Cenvat Credit on input Services at Job Workers premises

September 28, 2017 2847 Views 0 comment Print

Larsen & Toubro Ltd. Vs CCE (CESTAT Mumbai) This is an appeal has been filed by the appellants against denial of credit of service tax in respect of services provided to their job workers while doing their job work. 2. Ld. Counsel for the appellants argued that they were operating in Rule 4(5) of Cenvat […]

Data Retrieved from CAs Laptop cannot be used as Incriminating Material against Assessee

August 26, 2017 2994 Views 0 comment Print

The appellants are in appeal against the impugned order wherein the demand has been confirmed against them on the allegation of clandestine removal of goods, on the basis of statement given by Shri. Kishore Aggarwal one of the appellant here, and the data retrieved from the Laptop of Shri Lalit Aggarwal and Shri. Vikas Varshney, […]

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