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IGST Exemption available on re-import of repaired parts or aircraft

January 15, 2021 3930 Views 0 comment Print

Assessee was justified in claiming exemption of integrated tax under the General Exemption Notification No. 45/2017 dated June 30, 20173, as amended by Corrigendum Notification dated July 22, 2017 on re-import of repaired parts/ aircrafts into India during the period from August, 2017 to March, 2019

No service tax on bundled services related to transmission & distribution of electricity

January 14, 2021 6321 Views 0 comment Print

Bundled services in electricity transmission and distribution are exempt from service tax, including late payment surcharge, meter rent, and supervision charges as per Section 66F(3).

It would be harsh to cancel license of custom broker for not verifying antecedents of exporters

January 13, 2021 1551 Views 0 comment Print

Setwin Shipping Agency Vs Commissioner of Customs (CESTAT Chennai) Looking into the circumstances of the case where the custom Broker prima facie has some documents; the person who handed over the documents to the Broker is available; it is not alleged that the exporters were fictitious and the fraudulent persons used the high security IDs […]

Related person influence evidence required before review of declared price

January 12, 2021 867 Views 0 comment Print

Hanil Automotive India Pvt.Ltd. Vs Commissioner of Customs-III (CESTAT Chennai) The CESTAT Chennai has held that the declared prices cannot be reviewed without any evidence to the effect that the relation between the appellant and the foreign supplier has influenced the declared price or to the effect that there was a flow back of money […]

Exemption on payment of IGST on re-import of repaired parts/aircrafts into India

January 12, 2021 837 Views 0 comment Print

Assessee was justified in claiming exemption from payment of integrated tax under the Exemption Notification on re-import of repaired parts/ aircrafts into India during the period commencing August 2017 to March 2019.

Refund allowable for service tax paid for extended period of limitation & interest thereon

January 11, 2021 1032 Views 0 comment Print

Initially, the adjudicating authority rejected the refund claim holding that the appellant has not contested the service tax liability, therefore, the refund claim of service tax paid is not admissible.

No service tax on consignment agency services under clearing & forwarding agent service

January 5, 2021 2559 Views 0 comment Print

M/s. Tinplate Company of India Limited Vs Commissioner of Central Excise & Service Tax (CESTAT Kolkata) Conclusion: Assessee adid not receive any amount from TSL as and by way of consignment agent or towards providing any consignment agency service under the consignment agency agreement and also, assessee had cleared the converted goods on payment of […]

No service tax applicable on sizing operation activity of coal

January 5, 2021 1968 Views 0 comment Print

No service tax was applicable on sizing operation activity as sizing of coal was an incidental and ancillary process to make coal marketable and thus complete ‘manufacture’ of coal and to make it into ‘excisable goods’ as per Section 2(d) of the Central Excise Act.

Mere audit objection cannot be sole ground for holding clandestine manufacture & removal

December 25, 2020 1398 Views 0 comment Print

BST Infratech Limited Vs Commissioner of CGST & Excise, Bolpur Commissionerate (CESTAT Kolkata) We find that no physical verification of input consumption qua finished goods manufactured thereto was carried out by the department. The duty has been demanded on the basis of audit objection without causing any investigation. It is our considered view that the […]

Service Tax was not applicable on salary paid to employees under secondment agreement

December 23, 2020 8061 Views 0 comment Print

No  service tax applicable to salary paid to employees under the secondment agreement as persons seconded to assessee working in the capacity of employees and payment of salaries etc was made to such employees by group companies only for disbursement purposes and hence employee-employer relationship exist and the whole arrangement between assessee and its group companies did not fall under the taxable service of manpower recruitment or supply agency service as defined under the Finance Act, 1994. 

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