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No Service tax on making truck tanks fit to be filled with LPG for further transportation by HPCL

July 2, 2018 1350 Views 0 comment Print

It is to be understood that the appellants are not basically an agency involved with the testing and certification. In fact, it is abundantly clear that they are performing certain activities which make the truck tanks fit to be filled with LPG for further transportation.

Input credit eligible on welding electrodes used in repair and maintenance of factory machinery

July 2, 2018 5799 Views 0 comment Print

The Ramco Cements Limited Vs CCT (CESTAT Hyderabad) It is not in dispute that the welding electrodes are used for repair and maintenance of capital goods within the factory of manufacturer and these capital goods are used for manufacture of the final product although the relationship is remote and not direct. So by no stretch of imagination can […]

Input Credit on Motor Repair Services cannot be denied to Insurance Company merely for bill in Vehicle Owner Name

July 2, 2018 2625 Views 0 comment Print

The present appeal challenges the OIO No. 104/2011 dated 31.03.2011. The appellant is providing services of „General Insurance business. The dispute covers the period 2004-05 to 2007-08. During the disputed period, the appellants availed Cenvat credit of the service tax paid on repairs and maintenance of the vehicles by the „Authorized Service Stations‟ (ASS in short)

Tribunal cannot Question validity of Act, Rules, Regulations & Notifications

July 2, 2018 5064 Views 0 comment Print

CC, Hyderabad- Customs Vs Surya Telecom Pvt Ltd (CESTAT Hyderabad) As a creation of law, the Tribunal cannot go beyond the law itself. The validity of the Act, Rules, Regulations and Notifications cannot be questioned or modified by the Tribunal. Only the High Courts and Supreme Court which examine the constitutionality of the laws can do so. Unless […]

No Service Tax under GTA Services on transportation of Cars by Car dealer to Customers

June 29, 2018 1698 Views 0 comment Print

The appeals are directed against the Order in Original No. 20/2013 dated 11.03.2013 as well as Order-in-Original No.66/2013 dated 07.11.2013. The appellant is a dealer of M/s. Maruti Udyog Ltd. (in short hereinafter called as “MUL”) in respect of the cars manufactured by MUL

No Service Tax on Commercial Construction Service by an Individual prior to 01.05.2006

June 24, 2018 693 Views 0 comment Print

The present appeal challenges the Order-in-Appeal No.8/2010 dated 24.02.2010. The demand covered the period 2004-05 to 2006-07. The appellant was engaged in providing Construction Service and Commercial or Industrial Construction service

Imposition of penalty not justified in absence of motive to mis-declare goods

June 23, 2018 969 Views 0 comment Print

All the three appeals are arising out of the same impugned order passed by the Commissioner (Appeals) and as such, are being disposed of by a common order.

Renting of Immovable Property: Service tax not Leviable on One-Time Non-Refundable Deposit

June 23, 2018 1926 Views 0 comment Print

Kagal Nagar Parishad Vs Commissioner of Central Excise (CESTAT Mumbai) Revenue sought to tax the one time premium deposit, which is not refundable under the head of renting of immovable property service considering the same as rent. We find that there is a separate charge for the rent, which alone is taxable, the onetime premium […]

Service Tax cannot be levied on incentive to encourage use of franking machines

June 20, 2018 3477 Views 0 comment Print

Coming to the controversy on rebate received from the postal department, it cannot be treated as a commission or an amount received for promoting the postal services. Such incentives are given by the postal authority to encourage use of franking machines, especially where the volumes are above a certain threshold level.

Discount extended by broadcasters cannot be included for charging service tax

June 19, 2018 1095 Views 0 comment Print

15% discount extended by the broadcasters cannot be included for the purpose of charging service tax under the category of advertising agency from the clients.

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