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No Service Tax on degree Courses approved by IGNOU

January 31, 2018 1956 Views 0 comment Print

M/s. Rosalinds Mediretta Institutional Foundation Vs. CST (CESTAT Delhi) Post 2008, the appellants discontinued the course in collaboration with the Thames Valley University, UK. They have started a 3 year course of BA (Hons) in International Hospitality Administration approved by IGNOU, leading to an award of degree by IGNOU, which is, admittedly, a recognized open […]

No excise duty on fatty acids, Wax & gum emerging during manufacture of refined vegetable oil

January 30, 2018 2859 Views 0 comment Print

The Central Excise Division Bench of the Tribunal while considering the appeals Nos. 653/2012 and 3585/2012 filed by M/s Ricela Health Foods Ltd. and M/s J.V.L. Agro Industrial Ltd., noticing conflicting judgments of two coordinate benches on the same dispute

Software supplied Separately cannot be considered part of relevant Device for Excise Duty Levy

January 29, 2018 1290 Views 0 comment Print

M/s. Siemens Ltd Vs. CCE & ST (CESTAT Chennai) Lower authorities have inter-mixed the embedded software with the customized software supplied latter for monitoring and data retrieval from the device. From the discussions above, it is clear that a devise should suffer Central Excise duty along with essential operating software which is part and parcel […]

Service tax cannot be levied on documents processing charges received by Automobile Dealers

January 29, 2018 1245 Views 0 comment Print

The Delhi bench of the CESTAT, in M/s Marudhara Motors v. CCE, held that the documentation services provided by automobile dealers would not attract service tax as the same was not providing on behalf of the financial institutions or banks.

Delhi HC set-aside order Revoking Customs Broker License for mis-declaration in consignment

January 23, 2018 1005 Views 0 comment Print

M/s KVS Cargo Vs. Commissioner of Customs (Gen) (CESTAT Delhi) During the course of investigation, statements of both S/Shri Dinesh and Vinod Kumar have been recorded more than once. Both the persons have admitted the fact that Shri Vinod Kumar is the owner of the imported goods but Shri Dinesh was shown as proprietor of […]

Cleaning of railway coaches cannot be considered as cleaning of commercial premises

January 22, 2018 1953 Views 0 comment Print

The coaches are rolling stock of railways. They are for transport mode and cannot fall under the commercial object of industrial building, factory, plant or machinery, etc. The interpretation of the original authority is far fetched and not sustainable in view of the plain meaning of the statutory definition for tax entry.

Notice against other noticees gets invalidated if SCN against main Noticee is Set Aside

January 9, 2018 2952 Views 0 comment Print

The Show Cause Notice has to be viewed in its entirety and cannot be vivisected as may be convenient for the Revenue. Thus, if a show cause notice is found as not valid or issued without jurisdiction in respect of the main protagonist, the very same SCN cannot be held as sustainable for other noticees like the appellants herein.

No Service Tax on health care services by clinical establishments

January 5, 2018 96765 Views 0 comment Print

These 7 appeals are involving common dispute and are accordingly taken up together for disposal. 6 appeals are by assessees. One is by Revenue. The appellant assessees are engaged in health care services to the patients and they are managing well-known hospitals/medical centres in various places.

CESTAT on Cenvat Credit on towers, portable shelters and accessories

January 3, 2018 1932 Views 0 comment Print

M/s Vodafone Essar Digilink Ltd. Vs. CCE (CESTAT Chandigarh) The appellant is in appeal against the impugned order wherein the cenvat credit on towers, shelters & prefabricated building etc. of Rs. 5,88,13,400/- has been denied. Consequently, the duty was demanded along with interest and equivalent amount of penalty has been imposed. Aggrieved from the said […]

Air Travel Agency & Outdoor Catering Service are Input Services

January 2, 2018 2463 Views 0 comment Print

The CESTAT, Bangalore bench, while allowing Cenvat Credit to M/s. Nvidia Graphics Pvt. Ltd, recently held that Outdoor Catering and Air Travel Agency service are Input Services.

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