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Cenvat credit on inputs used in excess of what prescribed when available

December 4, 2018 939 Views 0 comment Print

Observing that actual consumption of material could vary from bill of material supplied along with designs and drawings by the principal, CESTAT  Kolkata has set aside  demand  of  Cenvat   credit on alleged excess inputs.

Service Tax on Insurance policies taken for compliance under labour legislations- Cenvat Credit eligible

December 4, 2018 1950 Views 0 comment Print

Nelcast Ltd. Vs. Commissioner of GST & Central Excise  (CESTAT Chennai) The issue is whether the appellants are eligible for availing the credit on the service tax on premium paid for insurance policies which are in the nature of group insurance and personal accident insurance. The original authority has discussed the provisions u/s.38 of Employees […]

No service tax liability where parties buying & selling properties on principal to principal basis

November 27, 2018 8250 Views 0 comment Print

Service tax cannot be imposed under the category Real Estate Service in absence of any defined consideration for the alleged service as both the parties were buying and selling property on principal to principal basis rather than as an agent and the principle.

Cenvat Credit eligible on Shamiana services for Branch Inauguration

November 24, 2018 1098 Views 1 comment Print

M/s. City Union Bank Ltd. Vs Commissioner of GST & Central Excise Trichy (CESTAT Chennai) Panthal and shamiana services  are utilized by the appellant to inform the public that a new branch has been started in the said place. Such services would help the appellant to attract customers and also inform the public about the […]

No Service tax for setting up of temporary camps in connection with religious event

November 16, 2018 1164 Views 0 comment Print

Service tax was not leviable for setting up of temporary camps in connection with the Gur-ta-Gaddi Tercentenary Celebration as it was a religious event. M/s Lallooji & Sons Vs Commissioner of Central Excise & S (CESTAT Allahabad)

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

November 13, 2018 2445 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 1758 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 873 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 6105 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 2469 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.

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