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No NCCD leviable on hydrocarbons for not being marketable

August 2, 2021 1071 Views 0 comment Print

The Appellants contended that the mixture manufactured by the Respondents is Natural Gas Liquid (NGL) in contrast to which the Respondents submitted that the above is rather gas condensate on which NCCD should not be levied.

LLP not required to pay service tax under reverse charge mechanism

July 28, 2021 3654 Views 0 comment Print

SRL Advisors LLP Vs Commissioner of Central Tax Delhi (CESTAT Delhi) Rule 2(bc) of Service Tax Rules, refers to the meaning of ‘body corporate’ in Section 2(7) of the Companies Act, wherein any other body corporate which includes a LLP is specifically excluded from the definition of body corporate. Thus I hold that the appellant […]

One-to-one correlation between output & input service not required for claiming refund

July 28, 2021 5163 Views 0 comment Print

CESTAT held that, there is no need to establish one-to-one correlation between output service exported and input service used in such services.

No Service Tax on liquidated damages recovered for not adhering to time limits mentioned in contract

July 26, 2021 4365 Views 0 comment Print

CESTAT held that, no service tax is to be imposed on liquidated damages recovered for not adhering to time limits mentioned in the contract as the same would not be covered in ‘Declared Services’ mentioned under Section 66E(e) of the Finance Act, 1994

No service tax on forfeiture of earnest money deposit & liquidated damages

July 26, 2021 2898 Views 0 comment Print

Read about CESTAT Chennai ruling exempting service tax on forfeiture of earnest money deposit and liquidated damages. Understand legal implications and clarifications under Section 66E(e) of Finance Act.

CENVAT credit eligible on ‘services related to setting up of a factory’

July 26, 2021 3486 Views 0 comment Print

Pepsico India Holdings (Pvt.) Ltd Vs Commissioner of Central Tax (CESTAT Hyderabad) The department wants to deny benefit of the CENVAT credit on the ground that ‘services related to setting up of a factory’ which were specifically included prior to 1.4.2011 were no longer specifically included post 1.4.2011. We find that the definition of ‘input […]

GTA Services: Carting Challan is not equivalent to consignment note

July 26, 2021 3813 Views 1 comment Print

Hon’ble CESTAT, Delhi observed that Carting Challan is not equivalent to a Consignment note. Carting Challan is only for internal control of forest department whereas a Consignment Note is a negotiable instrument in which the transporter is bound to deliver the goods to a bonafide holder of title.

Company entitled to refund of Cenvat credit lying in Cenvat credit account on closure of business

July 25, 2021 6594 Views 0 comment Print

Appellant is entitled to refund of the amount of Cenvat Credit lying in their Cenvat Credit account on closure of business along with interest.

HC’s judgment to prevail over CBIC Circular in case of contrary views

July 23, 2021 2574 Views 0 comment Print

It is the settled law that when both board’s circular and the judgment of Court of law is prevailing and the judgment has contrary view than to the board circular in such case the Court’s judgment will prevail over the board circular.

Refund cannot be denied on account of procedural lapse

July 23, 2021 5871 Views 0 comment Print

Appellant availed credit on the Service tax paid and applied for refund under Rule 5 of the CENVAT Credit Rules, 2004 (CENVAT Credit Rules) for the period July, 2013 to September, 2013.

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