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Expenses reimbursed to CA Firm not subject to Service Tax

June 22, 2022 1104 Views 0 comment Print

RMA & Associates Vs Principal Commissioner of Service Tax (CESTAT Delhi) The appellant was engaged in providing chartered accountant services. The dispute in the present appeal is regarding the non-payment of service tax on the amount representing reimbursement of expenses like conveyance, travelling and mobile expenses. The issue, in respect of reimbursable expenses has been […]

Service Tax on of loading, unloading and transportation of coal from coalface to railway siding

June 22, 2022 1512 Views 0 comment Print

The issue involved in this appeal is as to whether the appellant had provided cargo handling service for the period 01.04.2007 to 30.05.2007 and mining service for the period 01.06.2007.

Service Tax refund claim filed after GST introduction not hit by limitation

June 21, 2022 1872 Views 0 comment Print

No limitation is applicable to claim of Service Tax refund claim filed after GST introduction due to overriding effect of Section 142(8)(b) of CGST Act and claim can be denied only on grounds of unjust enrichment.

Customs: Section 111 & 112 attracted only when goods are improperly imported

June 21, 2022 8217 Views 0 comment Print

Section 111 and Section 112 are attracted only when the goods are held to be liable for ‘confiscation’ when they are ‘improperly imported goods’.

CENVAT Credit eligible on construction & works contract for repair/renovation of existing factory

June 20, 2022 2718 Views 0 comment Print

Bombay Market Art Silk Co Op (Shops & Warehouse) Society Limited Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT held that construction and works contract if used for repair and renovation of existing factory, the same falls under inclusion clause of definition of Input Service, accordingly, the Cenvat credit is admissible. FULL TEXT OF THE CESTAT […]

CESTAT imposes penalty for Sale of Gas Cylinder without scrapping as per Gas Cylinder Rules, 2004

June 20, 2022 435 Views 0 comment Print

Appellant have sold /disposed of the cylinder without scrapping it which is mandatory as per the Gas Cylinder Rules, 2004. For contravention of provisions, the appellant was rightly imposed penalty under section 112(a) of Customs Act, 1962.

Refund cannot be rejected for mere not opting of provisional assessment

June 20, 2022 750 Views 0 comment Print

CESTAT Ahmedabad ruling: Even without provisional assessment, if duty was overpaid, a refund claim within a year is admissible. Case analysis and judgments.

In absence of specific allegation & proof extended limitation period cannot be invoked

June 20, 2022 1374 Views 0 comment Print

It has merely stated that the fact of non-payment would not come to notice but for the verification of the audit department. In the absence of any specific allegation and proof that the appellant has suppressed facts, the extended period cannot be invoked.

Penalty cannot be imposed by Corrigendum to Original Order

June 20, 2022 8505 Views 0 comment Print

Corrigendum to an Order in Original can be issued only for correcting typographical errors. A corrigendum cannot be used to cover up the main part or main issue that has to be adjudicated.

CENVAT Credit eligible on Insurance Services incurred for Employee

June 20, 2022 645 Views 0 comment Print

Every industry under statutory norms required to take group Medi-claim Insurance, Group personal accident insurance, insurance, motor car/vehicle insurance etc. from the insurance companies for which the payment of premium is paid by the assessee and the same is accounted in their books of accounts as expenditure.

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