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CESTAT Ahmedabad

Service tax exemption on services in SEZ to Main contractors who are neither SEZ Unit nor SEZ developer

April 19, 2023 1329 Views 0 comment Print

B T Patel & Co Vs C.C.E. & S.T.-Rajkot (CESTAT Ahmedabad) CESTAT find that the learned Commissioner in denying the exemption by made a strict interpretation of language of the notification no. 4/2004-ST dated 31.03.2004 though as per the language of the exemption of service provided to SEZ developer or to the unit in SEZ. […]

Service tax small scale exemption allowed as appellant not taken any Cenvat credit

April 19, 2023 768 Views 0 comment Print

Harish Tex Mach Pvt Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) In terms of Notification No. 6/2005-ST, the exemption was provided upto the aggregate value of Rs. 4 lakh in the year 2005-06, 2006-07 and Rs. 8 Lakh in the year 2007-08 and 2008-09. Accordingly, the value of taxable services of the […]

Validity of Penalty for wrong availment of CENVAT Credit on Employee

April 19, 2023 918 Views 0 comment Print

CESTAT held that penalty under Rule 15(1) on the present appellant, who is merely an employee of the Company, is not sustainable.

No service tax on Works Contract Service Prior to 01.06.2007

April 18, 2023 1377 Views 0 comment Print

Pawan Edifice Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT find that there is no dispute on the fact that the appellant have been providing the construction of residential complex along with material and they have paid the VAT to the State Government. In this regard, they have also produced the VAT returns. In […]

Clearance of two entities having same partners is to be clubbed for SSI exemption limit

April 18, 2023 1839 Views 0 comment Print

CESTAT Ahmedabad held that value of clearance of two entities having same partners are to be clubbed and excise duty on clearance exceeding the eligible limit of SSI exemption is duly payable.

Ocean Freight/ Sea Transportation service not liable to service tax

April 18, 2023 2439 Views 0 comment Print

Ocean Freight/ Sea Transportation service is liable to service tax or otherwise is decided by Gujarat High Court in case of SAL Steel Limited

Central Excise Act One year limitation not applies to Service Tax paid under Protest

April 18, 2023 978 Views 0 comment Print

CESTAT held that under Section 11B(1) of Central Excise Act, 1944, the period of one year will not apply if assessee paid duty under protest.

Abating for fraudulent availment of Cenvat credit – CESTAT sustain penalty

April 18, 2023 303 Views 0 comment Print

Banas Enterprises Vs C.C.E & S.T. Daman (CESTAT Ahmedabad) CESTAT  find that there is no dispute about the fraudulent availment of Cenvat Credit by M/s. Tarun Polymers, Daman, who has wrongly availed the Cenvat Credit of huge amount of 29170642/-. In order to avail this fraudulent Cenvat credit by M/s. Tarun Polymers, Daman, all buyers […]

Non-classification of service under Works Contract for not producing evidence of VAT payment- CESTAT remand matter back to AA

April 18, 2023 558 Views 0 comment Print

CESTAT find that Adjudicating Authority has denied classification of service under Works Contract solely on the basis that appellant have not produced any evidence to show that the appellant have been paying VAT/ Sales Tax on the execution of contract.

Service Tax Commissioner (Appeal) cannot go beyond Scope of SCN

April 18, 2023 1878 Views 0 comment Print

Uniform Enterprise Vs C.C.E. & S.T. – Daman (CESTAT Ahmedabad) CESTAT find that show cause notice was issued demanding service tax under the head of Industrial or Commercial Construction Service and in the adjudication order also the service tax demand was confirmed under the same heading. However, the learned Commissioner (Appeals) travelling beyond the show […]

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