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Cenvat Rule 7 amended WEF 01.04.2016 making pro tata distinction mandatory

January 1, 2025 384 Views 0 comment Print

CESTAT Mumbai dismisses the Department’s appeal, allowing Oerlikon to claim CENVAT credit at Pune. The ruling emphasizes revenue neutrality and pre-2016 Rule 7 provisions.

Referral services to foreign universities amounts to “export of service’

January 1, 2025 1884 Views 0 comment Print

Enbee Education Centre Private Limited Vs Commissioner of C.E. & S.T.-Vadodara-I (CESTAT Ahmedabad) The services provided amount to “export of service” under Rule 2 read with Rule 3(2) of the Place of Provision of Service Rules We share the recent order passed by the Hon’ble CESTAT Ahmedabad. The appellant is providing services to foreign universities. […]

Service Tax Demand under Section 73: Normal Period Rule, Extended Period Exception

January 1, 2025 1515 Views 0 comment Print

CESTAT Mumbai rules extended limitation cannot apply for service tax demand on sub-contractors due to conflicting decisions, emphasizing procedural norms.

Technical support service rendered online to foreign companies were ‘Export Of Service’ and not Intermediary service, refund of Rs. 16.8 Cr was allowable

January 1, 2025 642 Views 0 comment Print

CIT (Appeals) held that assessee qualified as an ‘intermediary,’ making the services rendered ineligible for classification as ‘Export of Services’ under the Service Tax Rules, 1994.

Section 149 of Customs Act doesn’t not prescribe any time limit: CESTAT Bangalore

December 31, 2024 1182 Views 0 comment Print

CESTAT Bangalore held that no time limit has been prescribed under the statutory provision of Section 149 of the Customs Act hence circular no. 36/2010 dated 23.09.2010 cannot prescribe particular time period which is not provide u/s. 149.

Customs duty payable on quantity of crude oil actually received in shore tank in India

December 31, 2024 531 Views 0 comment Print

CESTAT Bangalore held that the quantity of crude oil actually received into a shore tank in a port in India should be the basis for payment of customs duty. Thus, customs duty needs to be calculated based on crude oil received in shore tank.

Marketing support services by Indian Company to its Foreign Head Quarters qualify as ‘Export’

December 30, 2024 867 Views 0 comment Print

Nokia India Pvt. Ltd. faced a service tax demand for short payments, penalties, and CENVAT credit issues during the period 2003–2007. CESTAT ruling clarified the matter.

Cost-sharing arrangement not amount to provision of BSS or other taxable service

December 30, 2024 612 Views 0 comment Print

CESTAT Ahmedabad ruled that cost-sharing among Gujarat electricity companies, including MGVCL, does not constitute taxable Business Support Services under Finance Act, 1994.

CESTAT Ahmedabad Remands Case Over Valuation Disputes – SEZ Duty, CAS-4 Certificate & Time Bar

December 29, 2024 453 Views 0 comment Print

CESTAT Ahmedabad remands the appeal of Sahjanand Medical Technologies Ltd. regarding the enhancement of goods valuation, highlighting issues with SEZ duty, CAS-4 certificate, and time bar.

Custom classification should rely on chemical nature of product, not its end-use

December 29, 2024 1821 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Arpan Aeromatics, overturning the classification decision for imported goods, citing improper reliance on the end-use and absence of chemical examination.

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