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CESTAT Ahmedabad

Notification No. 17/09-ST is not service specific but is service provider specific

February 17, 2023 579 Views 0 comment Print

Laviosa Trimex Industries Pvt Ltd Vs C.C.E. & S.T (CESTAT Ahmedabad) Appellant is a CHA and they have issued the invoices showing the description as Custom House Agency Service Charges. Therefore, there is no dispute that the services on which the refund claim was made is indeed CHA Service. Moreover, even if any other service […]

Demand not sustainable when Service Tax is already paid prior to its levy

February 16, 2023 1251 Views 0 comment Print

CESTAT held that, SCN under Section 73(3) of CGST Ac was issued after Service Tax amount was paid by assessee, thus, demand for tax is not sustainable

CESTAT allows refund/recredit of excess reversal of Cenvat Credit

February 16, 2023 231 Views 0 comment Print

CESTAT held that giving options for availing a particular option is procedural requirement and on failure of same, assessee cannot be deprived of choosing any of option available in Rule 6(3)

ICFAI entitled to Service Tax exemption on its educational programmes

February 15, 2023 921 Views 0 comment Print

An investigation was conducted upon ICFAI and its associates all over India, which resulted into issuance of multiple show cause notices proposing the demand of service tax along with applicable cess, interest and penalty, for the period of October 2007 to September 2009.

Anti-dumping Duty cannot be demanded on the basis of expired notification

February 15, 2023 795 Views 0 comment Print

Once a notification enforcing anti-dumping duty is expired and non-existent, such non-existent notification cannot be extended.

Soil conservation & land reclamation Service by PSU to Government is exempt from service tax

February 14, 2023 948 Views 0 comment Print

CESTAT Ahmedabad held that service of soil conservation and land reclamation undertaken by public sector undertaking which is provided to Government is exempt from service tax vide notification no. 25/2012.

Assessee entitled to refund of unutilized Cenvat credit of Education and S&H Education Cess

February 13, 2023 1692 Views 0 comment Print

Assessee is legally entitled for cash refund of accumulated & unutilized Cenvat credit of Education & Secondary and Higher Education Cess as per Rule 3 of Cenvat Credit Rules, 2004

Process of mixing of thermol and mixed oil doesn’t amount to manufacture

February 13, 2023 993 Views 0 comment Print

CESTAT Ahmedabad held that mixing of thermol and the input namely Mixed oil does not alter the nature of the product accordingly the same doesnt amount to manufacture.

Activity of leasing workwear is not taxable under supply of tangible goods

February 11, 2023 651 Views 0 comment Print

CESTAT Ahmedabad held that activity of leasing workwear (uniform) to their clients on the conditions mentioned in the agreements with their clients is not taxable under supply of tangible goods.

Notification No. 30/2004-CE dated 09.07.2004 is a conditional notification

February 9, 2023 1644 Views 0 comment Print

Patodia Filaments Pvt Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) CESTAT find that notification No. 30/2004-CE dated 09.07.2004 is not an absolute notification but a conditional notification issued under section 5A. The notification has the condition of non availment of cenvat credit. The sub-rule (3) (i) and (ii) of Rule 11 of the […]

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