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Cenvat Credit on input Services at Job Workers premises

September 28, 2017 3102 Views 0 comment Print

Larsen & Toubro Ltd. Vs CCE (CESTAT Mumbai) This is an appeal has been filed by the appellants against denial of credit of service tax in respect of services provided to their job workers while doing their job work. 2. Ld. Counsel for the appellants argued that they were operating in Rule 4(5) of Cenvat […]

Data Retrieved from CAs Laptop cannot be used as Incriminating Material against Assessee

August 26, 2017 3207 Views 0 comment Print

The appellants are in appeal against the impugned order wherein the demand has been confirmed against them on the allegation of clandestine removal of goods, on the basis of statement given by Shri. Kishore Aggarwal one of the appellant here, and the data retrieved from the Laptop of Shri Lalit Aggarwal and Shri. Vikas Varshney, […]

Service Tax Payable on Transportation Charges Paid for Customer and recovered later

June 6, 2017 5946 Views 0 comment Print

In this case the appellant itself has arranged for transportation and paid the transportation cost and the same has been recovered from the bottlers. The contention of the appellant is that they were under bona fide belief that the transportation cost is borne by the bottlers and they are required to pay service tax.

Recovery cannot be effected 3 years from the date of SCN

June 5, 2017 2502 Views 0 comment Print

Next question needs to be considered is whether the demand for the period March 2003 to February 2007 can be enforced when the demand notice was issued on 14.9.2007. In the aforesaid case where the Honorable High Court observed that the in absence of time limit prescribed for recovery, a reasonable period, be applied for […]

Input services used for providing output service not disqualified on the basis that the same had only peripheral connection with output service

May 31, 2017 4113 Views 0 comment Print

These are 11 appeals filed by the Revenue against various impugned orders. As the issue involved in all these appeals are similar and the respondent is same, we take up all these appeals together for disposal. The respondents are registered with the Department for service tax purposes. They have filed refund claims under rule 5 of Cenvat Credit Rules, 2004 readwith Notification No. 5/2006-CE (NT) dated 14-3-2006.

Refund of Service Tax on to & fro fright charges allowed despite no bifurcation

May 23, 2017 3870 Views 0 comment Print

Rejection of refund claim filed under Notification No. 41/2007-S.T., dt. 6-10-2007, as amended is the subject matter of present dispute. The learned Commissioner (Appeals) vide the impugned order dated 6-8-2010 has denied the refund benefit on the ground that though, to and fro freight charges have been claimed by service provider, no separate freight has been mentioned on the bills from Pithampur to port of export; that the service charges, namely

No provision for inclusion of value of scrap as additional consideration

May 20, 2017 1407 Views 0 comment Print

There is no provision in Service Tax Rules for inclu­sion of value of scrap as an additional consideration; only the amounts received towards taxable services are leviable to service tax.

Rebate of Excise duty where customs duty component is claimed as drawback

May 20, 2017 2556 Views 0 comment Print

Appellant is eligible for rebate of Central Excise duty paid on inputs used in the manufacture of export goods, even in case where customs duty component is claimed as drawback.

Redemption fine of 10% & penalty of 5% of value of goods is sufficient punishment to importer

May 13, 2017 19845 Views 0 comment Print

Issue of imposition of redemption fine and penalty has been settled and now various Benches of the Tribunal have consistently held that the redemption fine of 10% of the value of the goods and penalty of 5% of the value of the goods is sufficient punishment to the importer. Therefore, following the ratios of various […]

Marketing Expense sharing would not Amount to BAS Services

May 5, 2017 1431 Views 0 comment Print

The definition of business auxiliary service may not cover the transaction in this case, as the main appellant is not promoting or marketing of services provided by PFL as there is no service which has been provided by PFL in the case in hand.

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