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No service tax on composite works contract services before 1.6.2007

August 14, 2022 1440 Views 0 comment Print

No service tax on composite works contract services of supply of goods/deemed supply of goods & services under any head before 1.6.2007

No Limitation on Refund of Personal Ledger Accounts (PLA) deposit

August 14, 2022 4839 Views 0 comment Print

PLA deposits are deposits for utilisation in future & same is not duty to attract limitation provision of section 11B of Central Excise Act

No penalty for Non-deposit of Service Tax under RCM due to Oversight

August 13, 2022 1875 Views 0 comment Print

CESTAT find that there is no deliberate non-compliance and further the situation is wholly revenue neutral. Thus, there is no incentive for the appellant to evade payment of service tax under the RCM. Accordingly, CESTAT allow this appeal and set aside the penalty under Section 78.  

Input arisen out of manufacture process or not is irrelevant for claiming Cenvat Credit

August 13, 2022 468 Views 0 comment Print

Appellant entitled to take CENVAT credit of duty paid on input. Question whether input arisen out of a process of manufacture is irrelevant.

Excise duty cannot be demanded for clandestine removal based on third party evidence

August 13, 2022 618 Views 0 comment Print

CESTAT held that there shall be consonance between allegation levelled by Revenue and the records presented against the taxpayer. Further held that the allegation cannot be justified in absence of any admission from the assessee against the alleged clandestine transaction. Moreover, third party records and statement by Director of the Company cannot be used against the assessee for non-joinder of the parties.

Non reporting of change in constitution by Customs Broker – CESTAT upheld Penalty

August 13, 2022 1104 Views 0 comment Print

Regulation 13 of CBLR, 2013 lays down that change of constitution of a Customs Broker needs to be communicated within 60 days from the date of such change for grant of license under Regulation 7.

CESTAT recommends Contempt proceeding for issue of SCN after passing of final order

August 13, 2022 1419 Views 0 comment Print

Assistant Commissioner issued show cause notices after passing of final order by Tribunal, with respect to subject matter of refund, was wholly against provisions of law

Waiver of pre-deposit is not tenable on account of financial inability

August 12, 2022 2718 Views 0 comment Print

Whether wavering of pre-deposit on the grounds of Section 129E of the Customs Act, 1962 existing prior to August 06, 2014 is feasible?

Cenvat Credit on input services allowed if used in the course of furtherance of business

August 10, 2022 1356 Views 0 comment Print

CESTAT set aside demand of service tax on refundable security deposit on the grounds that security deposit is refundable deposit and it cannot be included in the value of taxable service.

Cenvat Credit not eligible on Sales commission: CESTAT Bangalore

August 10, 2022 1023 Views 0 comment Print

CESTAT Held that services of sales commission service don’t qualify as input service and accordingly Cenvat Credit on the same not available.

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