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Differential duty paid on expiry of export obligation period hence no violation of condition of advance license

October 23, 2023 564 Views 0 comment Print

CESTAT Mumbai held that as differential duty was paid with interest on expiry of export obligation period, there is no violation of the conditions of Advance License under Notification no. 96/2009-Cus. dated 11.09.2009 and hence redemption fine and penalty set aside.

Cenvat credit of entire input service available even if portion of service is used in manufacture of exempt goods

October 23, 2023 369 Views 0 comment Print

CESTAT Mumbai held that rule 6(5) of Cenvat Credit Rules, 2004 provides for availment of entire amount of credit of input services even though certain portion must have been used in manufacture of exempted goods.

Rule 10A of valuation rules doesn’t come into play for all manner of ‘job-work’

October 23, 2023 426 Views 0 comment Print

CESTAT Mumbai held that rule 10A of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 [valuation rules] is effected only when inputs are supplied and sale is effected to the buyer by the Principal Manufacturer. Thus, Rule 10A of valuation rules doesn’t come into play for all manner of ‘job-work’.

Duty demand based on data from computer print-out without corroborative evidence unsustainable

October 23, 2023 474 Views 0 comment Print

CESTAT Kolkata held that the data resumed from the computer print out alone cannot be relied upon to demand duty, without any corroborating evidence. Accordingly, duty demand set aside.

Catering service to students in educational institution exempt from service tax

October 23, 2023 741 Views 0 comment Print

CESTAT Mumbai held that the catering service provided to the students in the educational institution qualify for service tax exemption as per the notification no. 25/2012-ST dated 20.06.2012.

Transport of Goods with Loading and Shifting from Private Railway Siding to Stacking Yard Classified as GTA Service

October 23, 2023 3744 Views 0 comment Print

CESTAT Kolkata quashes the service tax demand on cargo handling service in the case of Usha Martin Limited vs. Commissioner of Central Excise. Details and analysis.

CESTAT Sets Aside Service Tax Demand in Facebook Payment Case

October 23, 2023 306 Views 0 comment Print

CESTAT Hyderabad orders the refund of service tax demand on P. Ramesh Kumar for foreign exchange payments to Facebook, citing lack of evidence for business purposes. Full order details.

Choosing Not to Avail Conditional Service Tax Exemption is Legitimate for Assessee

October 23, 2023 441 Views 0 comment Print

Understand why the assessee chose not to avail of the Conditional Service Tax Exemption with this analysis of the arguments in Isgec Unit Dahej case. Alert: Notification No. 8/2005-ST dated 01.03.2005.

No Penalty/Redemption Fine When Goods Allowed To Be Re-Exported

October 22, 2023 777 Views 0 comment Print

CESTAT Mumbai rules redemption fine and customs duty not required when goods are allowed to be re-exported. Detailed analysis of Goyal Trading vs. Commissioner of Customs case.

CESTAT Mumbai quashes Service Tax Demand on cost of advertisements for clients

October 22, 2023 372 Views 0 comment Print

CESTAT Mumbai has quashed service tax demands on the cost of advertisements in newspapers and magazines by Network Advertising Pvt. Ltd. Detailed analysis of the case.

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