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Section 11B Limitation period for refund of tax starts from date of reversal

February 11, 2021 2241 Views 0 comment Print

Pujan Builders Engineers & Contractors Vs C.C.E. & S.T. (CESTAT Ahmedabad) The facts in the present case is not under dispute that the appellant have paid the excess service tax during the quarter April to June, 2017, however, the appellant under bona fide belief transferred the said excess paid service tax into their TRANS-1 as […]

Service Tax Demand cannot be raised in category for which SCN was not issued

February 10, 2021 5388 Views 0 comment Print

Commissioner was not justified in confirming the demand of service tax under the category of ‘works contract’ for the period post June 1, 2007 even if the levy of service tax was not exempted under Notifications, since, the show cause notice that demand it service tax under the three categories namely (i) commercial or industrial construction, (ii) construction of complex and (iii) management, maintenance or repair.

Rejection of Service Tax refund Valid if not applied online within due date

February 9, 2021 2139 Views 0 comment Print

The Application for refund of service tax has to be made within the period stipulated in sub-section (3) of section 102 of the Finance Act.

Date of receipt of order in absence of proof with Department of actual receipt of order by assessee

February 5, 2021 3600 Views 0 comment Print

Venkateshwara Power Projects Ltd Vs Commissioner of Central Tax (CESTAT Bangalore) Assistant Commissioner passed the Order-in-Original on 18/03/2019 but the same was not actually delivered to the appellant. The appellant only came to know on 12/03/2020 when they received a letter from the Superintendent informing them about the passing of the Order-in-Original and ordered to […]

Cost of material supplied free of cost not includible in value of mining services

February 1, 2021 2484 Views 0 comment Print

The issue involved in this appeal is as to whether the value of items supplied free of cost by service recipient to the appellant have to be included in the value of mining services provided by the appellant.

Service rendered by Tata Sons under BEBP agreement eligible as ‘input service ‘for Tata Steel

January 28, 2021 2364 Views 0 comment Print

Service rendered by Tata Sons Ltd. under BEBP agreement  between Tata Steel Ltd. and Tata Sons Ltd. was eligible as ‘input service’ for TSL and the service tax paid was available as cenvat credit to TSL under the Cenvat Credit Rules, 2004.

CENVAT credit on reinsurance services for insuring business risks allowable

January 28, 2021 1140 Views 0 comment Print

In the instant case, the reinsurance services availed by the Appellant are for insuring its business risks and not in respect of any particular motor vehicle. Reinsurance, by its nature, pertains to the insurance of business of the Appellant.

Fruit pulp or fruit juice based drinks classifiable under CTH 22029920

January 25, 2021 8514 Views 0 comment Print

The goods imported by assessee, such as, Big Cola, Big Orange Cola, Big Lemon etc., which they described as ‘carbonated beverage with fruit juice’ were neither carbonated beverage alone nor fruit juice alone gave the essential character of the products in question; both contribute to its essential character. The issue could not be resolved as per Rule 3(a) and 3(b) of the Rules of Interpretation and therefore resort was to be made to Rule 3(c). Since Customs tariff heading (CTH) 22029920 came last in the order, it prevails and the goods were classifiable under this heading.

No Service Tax on Secondment of Employees by group companies

January 19, 2021 3111 Views 0 comment Print

Target Corporation India Pvt Ltd Vs C.C.E. (CESTA Bangalore)  Definition of ‘Manpower Recruitment or Supply Agency’ seeks to bring under its ambit, two types of activities i.e. recruitment of manpower and supply of manpower and further the service becomes the taxable service only if provided by a manpower recruitment or supply agency but in the […]

Release Seized Gold on Concessional Duty payment: CESTAT

January 19, 2021 4512 Views 0 comment Print

Asalam Khan Vs Commissioner of Central Excise & Customs (CESTAT Delhi) Appellant had brought a small quantity of 233.00 gms. of gold in the shape of 20 disc (about 11.66 gm. per disc) for personal use. Further, I find that there is no commercial quantity either of gold or cigarettes. Further I find that the […]

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