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All CESTAT

Loading or Unloading of Goods for Movement out of factory or into factory amounts to Cargo Handling Service

August 3, 2018 15189 Views 0 comment Print

If the goods are moved out of the factory or into the factory they meet the definition of cargo and the activities of handling it is cargo handling service.

Service Tax payable on Corporate Guarantee Commission

July 31, 2018 11178 Views 0 comment Print

Olam Agro India Ltd. Vs C.C.E (CESTAT Delhi) A corporate guarantee is used when a corporation agrees to be held responsible for completing the duties and obligations of debtor to a lender, in case the debtor fails to comply with the terms of the debtor- lender contract. Whereas a bank guarantee is a promise from […]

No Service Tax on Fees collected by NIXI from their Accredited Registrars

July 27, 2018 1254 Views 0 comment Print

National Internet Exchange Of India Vs C.S.T. (CESTAT Delhi) The moot question for adjudication in the present case appears to be as to whether the registrar accreditation agreement is a mere agreement between the appellant and its registrar for accreditation or it actually is in agreement for rendering franchise services by the appellant to its […]

Customs officers have no jurisdiction to seize goods in SEZ

July 26, 2018 2763 Views 0 comment Print

We hold that the Customs officers have no jurisdiction on the appellant to seize the goods in S.E.Z. area therefore seizure of the goods in question is set aside. Consequently, no demand can be confirmed against the appellants. Therefore the confiscation of the impugned goods is also set aside.

No Service Tax on sell of study material to students of coaching centers

July 26, 2018 4005 Views 0 comment Print

M/s Smart Value Products & Services Ltd. Vs Commissioner of Central Goods & Service Tax (CESTAT Allahabad) Facts of the case are not in dispute that the coaching centers are registered coaching center and provide services to their students. The coaching centers are also private limited companies and having separate identity known by the Registrar […]

Adopting cost inflation index of Income Tax for Excise valuation not valid

July 25, 2018 729 Views 0 comment Print

Shri Krsna Urja Project Pvt Ltd. Vs CCE (CESTAT Delhi) CESTAT Delhi held that there was no legal basis for adopting cost inflation index of Income Tax dept for determination of assessable value under Section 4 of CE Act read with the CE Valuation Rules, 2000, for valuation of captively consumed goods. The Tribunal also […]

Service Tax on long term lease of 99 years of Commercial Properties

July 25, 2018 9702 Views 0 comment Print

Other plea of the appellant that the allotment of land by the appellant to various persons is on long term lease basis – the leases of 90 years, which amount to transfer of ownership and such leases are outside the purview of Section 65(105)(zzzz)

Service Tax payable on Supply of Furniture for ‘Pandal or Shamiana’

July 25, 2018 3732 Views 0 comment Print

Shree Balaji Tent House Vs  C.C.E. & S.T. (CESTAT Delhi) In view of Section 65 (77a), ‘Pandal’ or ‘Shamiana’ is defined to mean a place specifically prepared or arranged for organizing an official, social or business functions; and under Section 65(77b) ‘Pandal or Shamiana Contractor’ means a person engaged in providing any service, either directly or […]

Bringing workers to factory from homes cannot be treated as input service

July 24, 2018 1074 Views 0 comment Print

Once the workers come into the factory their services are used in relation to the manufacture of final products. But bringing workers to the factory or providing accommodation to them outside the factory or providing any other welfare measures for the workers or their families have no nexus with the manufacture of the final products, although they are welfare measures meant for the general well being of the workers who manufacture the goods.

Parle 2-in-1 Eclairs & Kismi Toffee are neither chocolate nor bubble gum: CESTAT

July 24, 2018 4668 Views 0 comment Print

Items falling under Chapter 170490 are entitled for exemption under Sugar Confectionary (excluding white chocolate and bubble gum). Admittedly, the goods manufactured by the appellants (Parle 2-in-1 Eclairs & Kismi Toffee ) are Sugar Confectionary is neither chocolate nor bubble gum.

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