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CESTAT Ahmedabad

CESTAT explains Test to determine unjust-enrichment

April 23, 2023 1020 Views 0 comment Print

CESTAT Ahmedabad orders a fresh look into Vapi Care Pharma’s refund claim, probing the unjust enrichment aspect and duty pass-through.

Extended period of limitation cannot be invoked if facts were known to Revenue

April 23, 2023 1029 Views 0 comment Print

CESTAT Ahmedabad decides in favor of Eimco Elecon India Ltd, setting aside demand for reversal of cenvat credit and penalty, citing past tribunal order.

No service tax on handling of agriculture produce within or outside port by Cargo handling agency

April 23, 2023 747 Views 0 comment Print

CESTAT Ahmedabad clarifies classification of cargo handling services within port premises, affirming eligibility for tax exemption under Notification 10/2002.

No service tax on GTA Service in Absence of Consignment Notes

April 23, 2023 1869 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Savla Chemicals, dismissing the service tax demand under goods transport agent service due to lack of consignment notes.

No Service Tax on service provided by the club to its members

April 23, 2023 717 Views 0 comment Print

CESTAT Ahmedabad rules MPC Gymkhana not liable for service tax on short-term accommodation charges, following Supreme Court’s CALCUTTA CLUB LTD. judgment.

No service tax on Construction of Complex by Co-op Housing Society for its Members

April 22, 2023 774 Views 0 comment Print

In a landmark ruling, the Supreme Court clarified that construction services provided by cooperative housing societies to members are not subject to service tax.

Service Tax on Brand Promotion Payment by Nike India during IPL to players

April 22, 2023 483 Views 0 comment Print

CESTAT Ahmedabad exempts IPL player Ajitesh Kamlesh Argal from service tax on remuneration, setting a precedent on employment vs brand promotion in sports.

Hair Transplant is a cosmetic surgery & liable to service tax levy

April 21, 2023 6258 Views 0 comment Print

Hair Transplant is neither undertaken to restore or reconstruct anatomy or its functions, nor the procedure of hair transplant restores developmental abnormalities degenerative diseases, injury or trauma. We find that hair transplant is a medical procedure to improve outer look of the body for time being and it does in any way contributes to the anatomy or functions of human body.

No service tax on Construction of Complex Services by co-op housing society to its members 

April 19, 2023 876 Views 0 comment Print

The issue on merit that whether the service of construction of complex provided by the appellant’s cooperative housing society to its members is eligible to service tax or otherwise has been settled in favour of the appellant. It was informed by the learned counsel that the Hon’ble High Court’s judgment (supra) has been accepted by the revenue.

Rule 8(3A) of Central Excise Rules, 2002 ultra vires – CESTAT follows HC Ruling

April 19, 2023 1845 Views 0 comment Print

Indus Tropics Ltd Vs C.C.E. & S.T. Rajkot (CESTAT Ahmedabad) The issue in brief is that though entire defaulted amount of central excise duty along with interest stands deposited with a delay of few weeks, the Department is of the view that as per the provisions of Rule 8(3A) of Central Excise Rules, 2002, the […]

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