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No Service Tax on Non-Commercial Sports Complex Construction: Kolkata HC

October 21, 2023 486 Views 0 comment Print

Kolkata High Court recently ruled that services provided during construction of a non-commercial sports complex are exempt from service tax.

No Penalty for Scrap Goods Cleared Without Further Manufacturing Process After Paying Duty Equivalent to CENVAT Credit Taken

October 21, 2023 108 Views 0 comment Print

CESTAT Chennai’s ruling in Balmer Lawrie & Co. vs. Commissioner of GST & Central Excise: Central excise duty on metal containers returned as scrap analyzed. No penalty levied.

Rejection of declared value based on NIDB data on similar goods unsustainable

October 21, 2023 312 Views 0 comment Print

CESTAT Kolkata held that rejection of declared value based on NIDB data on similar goods unsustainable. Accordingly, differential duty demand and imposition of penalty thereon is unsustainable.

Rejection of application for fixation of special rate to new industrial units set up in North-Eastern States unjustified

October 21, 2023 264 Views 0 comment Print

CESTAT Kolkata held that rejection of application for fixation of special rate under notification no. 32/99-CE and notification no. 31/2008-CE to new industrial units set up in North-Eastern States is incorrect and are in violation of law.

Bus Advertisement by TN State Transport Not an Advertising Agency services

October 21, 2023 483 Views 0 comment Print

CESTAT Chennai rules that hiring space for ads on TN State Transport Corporation buses doesn’t qualify as advertising agency service, setting aside service tax demand.

Gross Negligence, Not Collusion: CESTAT Hyderabad Reduces Penalty

October 21, 2023 390 Views 0 comment Print

CESTAT Hyderabad reduces the penalty for Sriram Srinivasa Rao, highlighting the case of gross negligence rather than collusion in the Customs Act 1962

Service Tax Refund eligible on Terminal Handling, GTA & CHA Services: CESTAT

October 21, 2023 327 Views 0 comment Print

CESTAT Chandigarh allows the refund of service tax on specified services, including Terminal Handling Services, in favor of Matrix Clothing Private Ltd

Transaction value will be assessable value when buyer and seller are unrelated and price is sole consideration

October 20, 2023 417 Views 0 comment Print

CESTAT Kolkata held that when buyer and seller are not related and the price is the sole consideration, the transaction value at the time and place of export will be the assessable value. Accordingly, customs duty paid at higher assessable value is directed to be refunded.

Parking charges collected for providing parking space is liable to service tax

October 20, 2023 795 Views 0 comment Print

CESTAT Hyderabad held that parking charges collected for providing parking space is liable for inclusion in the value of Management, Maintenance or Repair services and accordingly, service tax is payable on the same.

Demand for Non-Maintenance of Separate Account in Final Exempted Service Unwarranted; Cenvat Credit Reversal Adequate

October 19, 2023 444 Views 0 comment Print

CESTAT Kolkata quashes Excise Duty demand on Super Smelters Limited for non-maintenance of separate accounts for input services used in exempted trading activities. Analysis and implications.

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