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CESTAT Ahmedabad

Extension of Limitation Not Applicable Without Intent to Evade Service Tax Payment

October 5, 2023 1014 Views 0 comment Print

CESTAT Ahmedabad rules in favor of M/s. Sophisticated Instrumentation, a charitable trust, stating that the extended limitation cannot be invoked when there is no intention to evade service tax.

Service Tax to be paid on income received under business ancillary services

October 4, 2023 669 Views 0 comment Print

CESTAT Ahmedabad dismisses Natural Petrochemicals Pvt Ltd’s appeal, upholding Service Tax demand under Business Auxiliary Service and rejecting financial hardship claim.

Activity not classifiable under Manpower Recruitment or Supply Agency Service when agreement is for particular job

October 3, 2023 2331 Views 0 comment Print

CESTAT Ahmedabad held that when the agreement between the service provider and recipient is for a particular job and not for supply of man power, the activity cannot be classified under ‘Man Power Recruitment or Supply Agency Service’.

CESTAT allows refund of anti dumping duty wrongly paid

October 3, 2023 1329 Views 0 comment Print

Read how Posco India successfully secured a refund of wrongly paid anti-dumping duty in a case against C.C.-Kandla, as decided by CESTAT Ahmedabad. Learn about the legal implications.

Service Tax: No Section 78 Penalty without Misrepresentation or Suppression of Facts

September 30, 2023 2208 Views 0 comment Print

In Scaria Thomas & Co vs. Commissioner of Central Excise & ST (CESTAT Ahmedabad) case, learn about the absence of penalty under Section 78 in service tax due to no misrepresentation.

Cenvat Credit Can Be Used for Excise Duty on Finished Goods or Indigenous Inputs

September 30, 2023 570 Views 0 comment Print

CESTAT Ahmedabad rules on the utilization of Cenvat credit for payment of excise duty by 100% EOU units during debonding. Detailed analysis and implications.

Excise Duty Refund Cannot Be Withheld by mere appeal filing Without Higher Court Stay

September 29, 2023 1017 Views 0 comment Print

Analysis of Indian Oil Corporation Ltd vs CCEST case where issue of excise duty refund and applicability of limitation under section 11B were discussed. Learn more.

No Service Tax Under BAS on Compression of Natural Gas Classified as Manufacturing

September 29, 2023 786 Views 0 comment Print

Discover CESTAT Ahmedabad’s ruling on service tax for compression of natural gas as manufacturing activity. Learn about the case and its implications.

Issue requiring detailed analysis cannot be decided by rectifying original order

September 29, 2023 4779 Views 0 comment Print

Rectification of order was not made only on apparent error but issue in rectification of order was mixed question of law and fact that on which date service tax is leviable even Cenvat credit issue also involve a detailed scrutiny.

Demand based on computer printouts unsustainable if not satisfies conditions u/s. 36B of Central Excise Act

September 29, 2023 948 Views 0 comment Print

CESTAT Ahmedabad held that as investigating officers failed to comply with conditions of section 36B of the Central Excise Act with respect to obtaining certificate prior to relying upon the computer printout. Hence, demand set aside as based on unauthenticated data.

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