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Service tax not payable on amount received towards mobilization advance of contract from Indian Navy

November 13, 2018 2391 Views 0 comment Print

Hindustan Shipyard Ltd. Vs Commissioner of Central Excise (CESTAT Hyderabad) As far as the amounts received by the appellant from the Indian Navy for the purpose of upgrading their facilities at the shipyard are concerned, they are not linked to the present contract and hence can only be termed mobilization advances not linked to any […]

CESTAT upheld Order sanctioning refund after rectifying clerical mistakes in shipping bills

November 13, 2018 1686 Views 0 comment Print

Order sanctioning refund by the first appellate authority (FAA) was upheld after rectifying the clerical/ arithmetical mistakes in the shipping bills.

Service Tax Non-payment due to illness of Mother of Partner: CESTAT drops Penalty

November 10, 2018 831 Views 0 comment Print

M/s. ARCHI-TECHNICS Vs. Commissioner of Central Excise and Service Tax (CESTAT Bangalore) I find that there was delay in payment of service tax which was on account of the reasonable cause as the mother of one of the partner was suffering from heart problem. Further, I find that this Tribunal in the case of Raj […]

CESTAT upholds Penalty on CHA Company & Director for not following KYC Norms

November 8, 2018 6042 Views 0 comment Print

HLPL Global Logistics Pvt. Ltd. Vs CC, New Delhi (CESTAT Delhi) We are in agreement with the finding of the ld. Adjudicating authority that CHA helps not properly verified the functioning of the client from at the declared address by using reliable independent and authenticate documents. This was a serious lapse on part of the […]

ST- Service Tax Levied On Presumptive Basis Not Sustainable

November 8, 2018 2433 Views 0 comment Print

Show cause notice was issued without scrutiny of the taxable value on which service tax was due from the appellant. He submitted that had Revenue scrutinized the entire transaction that was reflected in balance sheet, Revenue would have come to know that the freight charges reflected in balance sheet included various elements such as freight paid for inward transports of goods, freight paid on outward transport of goods.

CESTAT warns Commissioner (A) of penal action for not respecting its decision

November 2, 2018 1389 Views 0 comment Print

Commissioner (A) has not respected the order of this Tribunal required to be penalized. Therefore, the ld. Commissioner (A) is directed to take care in future to avoid any penal action from this Tribunal.

Mere inadmissibility of Credit availed not enough to allege Suppression of Facts

November 1, 2018 1854 Views 0 comment Print

Medisray Laboratories P. Ltd. Vs CCGST (CESTAT Mumbai) Coming to the statutory audit procedure, the purpose of audit, as available in the Manual published by the Institute of Chartered Accountants of India in respect of EA audit and CERA audit under Chapter 17 is that the idea behind such conduct of verification is to reasonably […]

Certification Service by CA exempt from Service Tax till 28.02.2006

October 25, 2018 4953 Views 0 comment Print

Certification service by a Chartered Accountant was not included in the 11 services enlisted in Notification No. 59/98 (supra) which were taxable. And hence, the certification service being not included in the 11 services so mentioned was clearly exempt in terms of the said notification till 28.02.2006.

No Service Tax on transportation of effluents under ‘Goods Transport Agency’ Services

October 24, 2018 3132 Views 0 comment Print

ONGC Ltd. Vs Commissioner of Central Excise & Service Tax (CESTAT Chennai) Transportation of effluents cannot be treated as transportation of ‚goods‛ and hence there cannot be any service tax liability under ‘Goods Transport Agency’ as defined in Section 65 (150b) of the Finance Act, 1994. This being so, the FULL TEXT OF THE CESTAT […]

No Service Tax on Restoration & Painting of Cylinders as ‘Maintenance and Repair Service’

October 22, 2018 1446 Views 0 comment Print

M/s. R.K. Cylinders Vs Commissioner Of Central Tax (CESTAT Bangalore) Going by the activity undertaken by the appellants as per the tender agreement, it is seen that he is not covered under (i) as above. Moreover, he is not a manufacturer of cylinders or he is not any person authorized by a manufacturer. It is […]

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