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CESTAT Ahmedabad

Penalty on mediator unjustified as he was unaware about forged/ fake nature of advance licence

August 11, 2023 738 Views 0 comment Print

CESTAT Ahmedabad held that penalty on mediator acting as a broker in dealing with trading of advance licence which was forged or obtained fraudulently unjustified as it is not established that he was aware about forged/ fake nature of licence.

SEZ Unit Eligible for Service Tax Refund on services outside SEZ for Authorized SEZ Operations

August 11, 2023 480 Views 0 comment Print

CESTAT Ahmedabad ruled that services received outside SEZ are eligible for a refund of Service Tax under Notification No. 09/2009-ST dated 03.03.2009 as amended by Notification No. 15/2009-ST dated 25.05.2009, in Zydus Hospira Oncology case.

CESTAT Orders Re-adjudication for Service Tax on GTA sans Transporter Certificates

August 11, 2023 612 Views 0 comment Print

Ruling on service tax liability for Grand Polycoats Co Pvt Ltd vs Commissioner of Central Excise. CESTAT Ahmedabad orders re-adjudication on the case

Extended Period Inapplicable for Same Issue Post-SCN Issuance: CESTAT

August 11, 2023 1137 Views 0 comment Print

Tribunal held that once on a particular issue the show cause notice has been issued, on the same issue for the subsequent period no extended period can be invoked as demand for the extended period do not sustain being time bar.

CESTAT directs that service recipient is liable to include free supply materials in Gross value of works contract

August 9, 2023 1467 Views 0 comment Print

The appellant at the outset submits that with effect from 01.06.2007, the new service namely Works Contract Service was made effective , classification of aforesaid service would undergone a change in case of long term contracts even though part of the service was classified under respective taxable service prior to 01.06.2007

CESTAT: Commissioner (A) Empowered to Remand Under Section 35A of Central Excise Act

August 9, 2023 3939 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Adani Power, confirming Commissioner (Appeals) authority to remand matters to Adjudicating Authority under Section 35 A of Central Excise Act.

Classification of Construction Services under Works Contract: CESTAT Ruling

August 9, 2023 2481 Views 0 comment Print

CESTAT Ahmedabad ruled that construction of new buildings or civil structures as turnkey projects falls under Works Contract Service. Analysis of Kirti Infrastructures Ltd case.

Indian Bank liable for Service Tax on Bank Charges paid to Foreign Banks for Imports/Exports

August 9, 2023 1344 Views 0 comment Print

Department contended that such services, even when provided by foreign banks, fall under the category of banking and financial services as per the Finance Act, 1994. Therefore, they claimed that the service tax should be imposed on the appellant as the recipient of these services.

Imported Goods Transaction Value cannot be rejected without a speaking order

August 9, 2023 1377 Views 0 comment Print

CESTAT Ahmedabad’s re-adjudication directive on rejection of transaction value or NIDB data of imported goods. Read the full order details here.

Rule 11(3) of Cenvat Credit Rules cannot be applied retrospectively

August 9, 2023 921 Views 0 comment Print

Read the analysis of the Welspun India Ltd. vs. Commissioner of CGST & CESTAT Ahmedabad case, where CESTAT quashes the reversal of CENVAT credit on Cotton Terry Towels due to non-insertion of Rule 11(3) of CENVAT Credit Rules.

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