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Service Tax liability of Demerged Undertakings cannot be fastened on assessee upon merger

October 7, 2020 2796 Views 0 comment Print

CESTAT Delhi held that, the assessee could not be held to be liable for discharging service tax liability of the Demerged Undertakings as it the service recipient and not service provider therefore, the confirmation of demand by the Commissioner is bad in law.

Cenvat Credit Can’t be Denied for Export of Exempted goods Outside India

October 5, 2020 2535 Views 0 comment Print

The issue under consideration is whether the lower authority is correct in stating that the appellant is not entitled to avail credit of duty paid on inputs used in the manufacture of exempted goods since they have cleared the said exempted goods for export outside India?

No Service Tax on amount collected towards bouncing of cheque charges

October 5, 2020 2103 Views 0 comment Print

Rohan Motors Limited Vs Commissioner of Central Excise (CESTAT Delhi) The demand of service tax in respect of the amount collected on account of bouncing of cheques and cancellation of orders is also not sustainable. These amount are penal in nature and not towards consideration for any service. In this connection reliance can be placed […]

Extended period cannot be invoked in case of revenue neutral situation

October 2, 2020 2919 Views 0 comment Print

Star Alloys & Chemicals Pvt. Ltd. Vs. CCE & ST (CESTAT Delhi) CESTAT has held that in the case of GTA service, CENVAT credit is available, therefore extended period cannot be invoked. Learned Advocate submits that whatever service tax was payable by them on the said GTA services, the same was available as a credit […]

No Service Tax on Income from Screening of Movies for Annual Film Festival

October 1, 2020 3795 Views 0 comment Print

The issue under consideration is whether service tax is applicable on income received from screening of movies for the annual film festival?

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

October 1, 2020 4032 Views 0 comment Print

Goldman Sachs Services Vs Commissioner Of Central Tax (CESTAT Bangalore) Facts- Employees of overseas group companies have come on secondment to the assessee. The assessee has entered into separate employment contract with the seconded personnel and employer-employee relationship exists between the assessee and the seconded personnel. It is alleged that the activity falls under Business […]

Banks eligible to avail ITC on Insurances services availed for Rendering Output Services

September 23, 2020 831 Views 0 comment Print

The issue under consideration is whether the assessee banks are eligible for cenvat credit of service tax availed on insurance service received by the banks from the Deposit Insurance and Credit Guarantee Corporation?

Trade discount not liable to service tax as commission

September 22, 2020 5976 Views 0 comment Print

There is no contract of commission agent service with any of the commission agent, there is no person to whom payment of commission was made therefore, it is clear that no service provider i.e. foreign commission agent exists in the present case.

Revenue cannot Reject Classification of Goods of Assessee without Cogent Evidences

September 21, 2020 1956 Views 0 comment Print

The issue under consideration is whether the Calcite Sand (Calcite Powder) is classifiable under CT 2503 9030 as mineral product or required to be classified under CTH 2836 5000 as a chemical?

Declared import value cannot be rejected without passing speaking order

September 14, 2020 1650 Views 0 comment Print

Commissioner of Customs Vs. Artex Textile Private Limited (CESTAT Delhi) we find that assessing officer have been making enhancement in a routine manner and the respondent who are regular importers are left with no choice but to sign on the dotted line for taking delivery of their goods to carry on their business, and also […]

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