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No service tax on internet based trading software licensing prior to 16.05.2008

November 24, 2020 744 Views 0 comment Print

Religare Technova Global Solutions Ltd. Vs Commissioner of Service Tax (CESTAT Bangalore) Conclusion: Since the activities undertaken by assessee were covered under the Information Technology Services as taxable under Section 65(105)(zzzze) with effect from May 16, 2008  and prior to 16-5-2008, even the services rendered by assessee was excluded from the scope of consulting engineer’s […]

Rule 6(3) of CCR inapplicable if wrongly taken credit was reversed subsequently

November 10, 2020 9843 Views 0 comment Print

ST – Where Cenvat credit wrongly taken is subsequently reversed, it is tantamount to non-availment of credit – Rule 6(3) of Cenvat Credit Rules (CCR)is inapplicable in such circumstances: CESTAT Kolkata

Valuation provisions to be considered at confiscation stage & not seizure

November 10, 2020 2985 Views 0 comment Print

Commissioner of Customs (Preventive) Vs Bushrah Export House  (CESTAT Delhi) Seizure for overvaluation of exports-Valuation provisions to be considered at stage of confiscation and not seizure The CESTAT New Delhi has held that provisions of Section 14 of the Customs Act, 1962 and Rule 3 of the Export Valuation Rules have to be applied only […]

Service tax not applicable on permanent transfer of IP Rights

November 10, 2020 5307 Views 0 comment Print

Assignment of trademark and the IPR were amounted to permanent transfer and no service tax was applicable on permanent transfer of IP Rights by Foster’s to assessee. 

Charter hire of work over Rigs cannot be classified as ‘repair or maintenance service’ for Service Tax

November 9, 2020 2286 Views 0 comment Print

Dewanchand Ramsaran Industries Pvt. Ltd. Vs Commissioner of Central Excise & Service Tax (CESTAT Kolkata) We find that the learned Commissioner, in page No. 7 & 8 of the impugned order, after having noted that aforesaid scope of work, has hurriedly concluded that the work is nothing but maintenance and repair of workover oil wells. […]

Certificate of CA or Bank sufficient to establish Linkage between FIRC & Export Invoice

November 4, 2020 7923 Views 0 comment Print

The issue under consideration is whether the export proceeds realised even before the invoices were issued are against exported services since FIRCs are also not show the invoice numbers?

No Service Tax on Bariatric Surgery as same is Life-Saving Procedure

November 3, 2020 1665 Views 0 comment Print

The issue under consideration is whether service tax can be imposed on bariatric surgery even if it is a life-saving procedure? Bariatric Surgery cannot be considered as a Cosmetic or Plastic Surgery, and hence the same is not a taxable service within the meaning of clause (105) (zzzzk) of Section 65 of the Finance Act, 1994.

Department cannot force Assessee to Reverse Credit Merely for non-Intimation made under rule 6 of CCR

November 3, 2020 1638 Views 0 comment Print

The issue under consideration is whether department cannot force upon the assessee to reverse credit under Rule 6(3)(i) merely for the reason that no intimation under Rule 6 of CCR?

No monetary consideration- No Service Tax : CESTAT

November 2, 2020 2532 Views 0 comment Print

Golcha Properties Pvt. Ltd. (Golcha Cinema) Vs Principal Commissioner of Service Tax (CESTAT Delhi) The agreement with M/s. A.A. Films that was enclosed as the seventh relied upon document has only to be examined. A perusal of the agreement between the Appellant and the Distributor would also make it abundantly clear that it is the […]

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

November 2, 2020 3183 Views 0 comment Print

Interglobe Aviation Limited Vs Commissioner of Customs (CESTAT Delhi) Conclusion: Assessee was entitled to exemption from payment of integrated tax under the Exemption Notification on re-import of repaired parts/aircraft into India because in the absence of mention of integrated tax and compensation cess in column (3) under serial no. 2 of the Exemption Notification, it […]

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