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No Service Tax under RCM on acquiring of broadcasting rights of cricket matches to be played outside India

October 10, 2021 1278 Views 0 comment Print

Sporty Solutionz Pvt. Limited Vs Commissioner, Central Goods and Service Tax (CESTAT Allahabad) Brief facts of the case are that the appellants had acquired ‘Media / Broadcasting rights’ of various sporting events from M/s Taj TV Ltd., Mauritius, for broadcasting cricket matches between Bangladesh and Zimbabwe (to be played outside India), in Bangladesh territory on […]

No service Tax under RCM payable if no evidence of Payment in Foreign Currency to Foreign Personnel

October 10, 2021 2844 Views 1 comment Print

There is no evidence of payment in foreign currency to the foreign personnel. The invoices on which the demand of management consultancy service is raised shows merely expenses incurred by the appellant in Indian currency in the nature of hotel, transport and other expenses. There is no evidence to prove that they have received management consultancy service or paid fees for such services so as to be liable to pay service tax under reverse charge mechanism.

Levy of service tax on TDS portion borne by appellant not sustainable

October 5, 2021 978 Views 0 comment Print

The issue to be decided is whether the levy of service tax on the TDS portion borne by the appellant is legal and proper. The issue stands decided by the order of the Tribunal in the appellant’s own case for a different period.

Service Tax not payable on Services provided to Government Company for ‘Transmission of Electricity’

October 5, 2021 17163 Views 2 comments Print

It was held that the Appellant will be entitled to exemption as services rendered to the Government Companies, i.e., RRVPNL in the present case, post 30.06.2012, being of non-commercial nature

Service tax under RCM cannot be levied on GTO/GTA services

October 4, 2021 4881 Views 0 comment Print

Raymond Limited Vs Commissioner, Central Excise Customs & Service Tax (CESTAT Delhi) Whether show cause notice dated 28.09.2001 has been validly issued, for raising demand of service tax on GTO/GTA services received by the appellant for the disputed period, in terms of the prevailing Section 73 under reverse charge, and Hon‟ble Bombay High Court in […]

Conclusion based on test report cannot be applied to earlier cleared consignments and and case to be dropped where classification proposed by Revenue is incorrect

October 4, 2021 3396 Views 0 comment Print

P K Exim Vs C.C. -Mundra (CESTAT Ahmedabad) It is settled law that, irrespective of whether the classification claimed by the appellant is correct or not since the classification proposed by the Revenue is absolutely incorrect, the entire case of the Revenue will not sustain. Further In view of the settled legal position the test […]

Interest on refund of Service Tax Paid under protest payable from date of deposit till its realization

October 4, 2021 6714 Views 0 comment Print

Shahi Exports Ltd. Vs Commissioner of CE & ST (CESTAT Chandigarh) I find that it is an amount paid by the appellant as service tax under protest during the course of investigation. This fact is not in dispute. When any amount paid under protest, it is neither pre-deposit nor service tax; it is only a […]

No Penalty for difference of views subsequently settled by any court of law

October 4, 2021 1929 Views 0 comment Print

Gujarat Alkalies And Chemicals Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) There was an interpretation that whether the portion of contribution recovered from the employee, the Cenvat credit there on can be allowed or not and the said issue has been settled by Hon’ble Bombay High Court. It is a settled law that when there […]

Cenvat Credit eligible on Litigation Expenses paid to Association

October 3, 2021 507 Views 0 comment Print

Sunrise Containers Limited Vs C.C.E. & S.T. (CESTAT Ahmedabad) There is no dispute that the legal case was filed by the Distiller’s Association of Maharashtra which consists of many member manufacturers. Therefore, the beneficiary of the outcome is not only the appellant but all the members which means that the service was availed by all […]

No Service Tax on NSE/BSE Transaction Charges & SEBI Turnover Fees

October 2, 2021 3594 Views 0 comment Print

Monarch Research & Brokerage P Ltd Vs C.S.T.-Service Tax – Ahmedabad (CESTAT Ahmedabad) The issue involved in this case is whether NSE/BSE transaction charges and SEBI turnover fees paid by the stock brokers to the concerned agencies and recovered from their client is liable to service tax under the category of stock broker service. On […]

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