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No Custom Penalty for goods cleared by officers after signing Bond

July 1, 2020 1200 Views 0 comment Print

Penalty under Section 114A and other penal provisions cannot be invoked when the goods were permitted to be cleared by the officers. However, the Revenue will be free to recover duty along with interest in terms of the Notification.

Composite Contract can be subject to service tax only under Work Contract Service after 01 June 2007

June 19, 2020 5025 Views 0 comment Print

The issue under consideration is whether the service would continue to be classified under CICS/CCS and changing the classification into WCS midway is permissible or not?

Customs cannot deny benefit where licensing authority not taking any action – SFIS benefit available to golf carts

June 12, 2020 735 Views 0 comment Print

EIH Associated Hotels Ltd. Vs Commr. of Customs (E) (CESTAT Mumbai) After considering the submissions of both sides, we find that in the first round of litigation when the original authority confirmed the demand and confiscated the goods with a redemption fine of Rs.1,00,000/-, the appellant filed appeal before the Commissioner (Appeals) and the Commissioner […]

No Service Tax on construction of residential complex prior to 01.06.2010

June 10, 2020 2220 Views 0 comment Print

The issue under consideration is whether service tax will be levied on promoters/builders/developers prior to 01.06.2010 in respect of the construction of the residential complex?

No ST on brokerage from overseas reinsurance even if amount received in Rupees

June 10, 2020 2208 Views 0 comment Print

The issue under consideration is whether the contention if the appellant is correct that they are not liable to pay service tax on brokerage received from overseas reinsurance on the ground that the service falls under the category of export of service?

No service tax on KIADB for discharging statutory function

June 9, 2020 4119 Views 0 comment Print

Assessee was not liable to pay the service tax at all as it was a statutory body discharging the statutory function as per the statute Karnataka Industrial Areas Development (KIAD) Act, 1966 and hence was not liable to pay service tax.

No Service Tax on Loan Foreclosure charges collected by banks & NBFCs- CESTAT Larger Bench

June 8, 2020 11307 Views 0 comment Print

Foreclosure charges collected by the banks and non banking financial companies on premature termination of loans are not leviable to service tax under ‘banking and other financial services’ as defined under section 65 (12) of the Finance Act

In absence of ‘intent to conceal’ cannot be construed as smuggled: CESTAT

June 8, 2020 2637 Views 0 comment Print

CESTAT directs Customs Authorities to return confiscated gold to Foreign National- lack of evidence and flimsy investigation by the authorities. Held that in the absence of ‘intent to conceal’ cannot be construed as smuggled.

Service by NSDL to depository participants liable to Service Tax

June 8, 2020 9141 Views 0 comment Print

Services provided by NSDL to depository participants are aptly of ‘provision and transfer of information and data processing’, classifiable under (vii) of Banking and Financial Services as defined under Section 65(12) of Finance Act, 1994;

Know How’ is not IPR and not liable to service tax

June 8, 2020 2235 Views 0 comment Print

Grant of exclusive right to assessee by Mauritius Revlon to use the ‘know how’ in any plant in accordance with the processes, specifications and recipes thereof in connection with the manufacture, marketing, sale  and distribution of Revlon  Products would not fall in the definition of “intellectual property right‟ so as to make it taxable under section 65(105) (zzr) of the Finance Act.

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