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

November 4, 2020 7929 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 3186 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 […]

Cenvat credit eligible on outward transportation from factory gate to customer’s place

October 28, 2020 1746 Views 0 comment Print

Commr. of Central Excise Vs Anmol Biscuits Ltd. (CESTAT Kolkata) Hon’ble Supreme Court in the case of CCEx.,Belgaum Vs. Vasavadatta Cements Ltd. : 2018 (11) GSTL 3 (SC) held that that the assessee is legally eligible to avail credit on outward transportation availed from place of removal upto a certain point, whether it is a […]

Rule 6(3) of CCR, 2004 not applies to supply of dutiable good under SFIS Scheme

October 28, 2020 744 Views 0 comment Print

Sudhir Power Ltd. Unit-III Vs CCE & ST- Jammu and Kashmir (CESTAT Chandigarh) It is a fact on record that the appellant is manufacturing DG sets and enclosures which are dutiable under Chapter 85 of CETA 1985. The appellant is also clearing goods to the buyers under SFIS Scheme duty free in terms of the […]

NIDB data cannot be sole basis to reject transaction value without any cogent reasons

October 20, 2020 2748 Views 0 comment Print

The issue under consideration is whether the invoice represent the true transaction value in the international market? This casual observation is not based on the factual position that emerges from the records of the case. Thus, for all the reasons above, the Commissioner (Appeals) was not justified in setting aside the orders passed by the assessing officer on the Bills of Entry.

CESTAT allows ITC which was disallowed under wrong impression

October 15, 2020 1215 Views 0 comment Print

The issue under consideration is whether the disallowance of input tax credit against service is justified in law? The said demand is also not tenable as the said demand was prima facie raised under the impression that the appellant is not entitled to cenvat credit.

Interest for Delayed Service Tax refund – From the date of application or date of order?

October 13, 2020 3261 Views 0 comment Print

Scribetech India Healthcare Pvt Ltd. Vs Commissioner of Central Tax (CESTAT Bangalore) The Bangalore CESTAT ordered for the interest for a delayed refund on the expiry of period of three months from the date of receipt of application, following the decission Supreme Court in the case of Ranbaxy Laboratories Ltd. Section 56 of the CGST […]

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