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CESTAT Ahmedabad

Penalty not payable for service tax not paid on debatable issue

March 29, 2023 1524 Views 0 comment Print

There was a bona fide litigation going on as regards the nature of activity carried. As to whether activity carried amount to production so as to be covered under Business Auxiliary Services was a debatable issue

Enhancement of value only on the basis of NIDB data unacceptable

March 27, 2023 2070 Views 0 comment Print

CESTAT Ahmedabad held that enhancement of value merely on the basis of NIDB (National Import Database) data without any other independent evidence is not acceptable.

No Service Tax on Construction Services to Gujarat State Police Housing Corporation

March 14, 2023 1758 Views 0 comment Print

Residential complex Construction service to Gujarat State Police Housing Corporation Limited for police staff is not liable to service tax

No independent examination of unjust enrichment aspect – CESTAT directs re-adjudication

March 13, 2023 1125 Views 0 comment Print

C.C. Kandla Vs Reliance Industries Limited (CESTAT Ahmedabad) We find that in the present case, the revenue has not challenged the merit of the case however their appeal is only on the ground of unjust enrichment. The Revenue contended that the learned Commissioner (Appeals) merely followed the order of Mundra Custom however he  has not […]

Bulk liquid Cargo duty payable on quantity received in shore tank

March 12, 2023 1206 Views 0 comment Print

For assessment of Bulk liquid Cargo duty is payable on quantity received in shore tank & not on quantity mentioned in Bill of Leading/invoice

Extended period of demand cannot be invoked if confusion on classification of services at the end of department

March 11, 2023 966 Views 0 comment Print

Messrs Darcy Reservoir Consultancy Services P Ltd Vs C.S.T. Service Tax (CESTAT Ahmedabad) CESTAT gone through the records, various submissions made and the case laws cited before us. We find that the case laws cited (Supra) by the appellant squarely covers their activities under ‘Survey And Exploration Of Minerals Service’ and Department has sought to […]

Value declared on import upheld as difference in comparable price justifiably explained

March 10, 2023 1299 Views 0 comment Print

CESTAT Ahmedabad held that difference is value declared on import of non-calcined petroleum coke by the appellant i.e. Rs. 2871.15 as against the comparable imports price i.e. Rs. 3701.20 justified based on the nature of supplies and long-term contract of appellant with supplier.

Service Tax Penalty under Section 76 cannot be imposed when Section 78 penalty was imposed

March 10, 2023 2574 Views 0 comment Print

Sos Finance Vs C.S.T. Service Tax (CESTAT Ahmedabad) Limited issue to be decided in the present case is that whether the appellants are liable for penalty under Section 76 & 78 of the Finance Act, 1994. As regard, the imposition of penalty under Section 76 in the present case, I find the issue is settled […]

Classification of Service cannot be disputed at the recipient End

March 10, 2023 1578 Views 0 comment Print

Gulf Oil Corporation Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT find that the cenvat credit was denied to appellant on the ground that service being classifiable under Sponsorship Service, the appellant was supposed to discharge the service tax under GR-7 Challan. We find that the service provider M/s. K.P.H. Dream Cricket Pvt. Ltd. has […]

Fraudulent Export – Negligence of CHA – CESTAT reduces Penalty

March 10, 2023 765 Views 0 comment Print

Parthiv V Dave Vs C.C. (CESTAT Ahmedabad) CESTAT find that the exporter has made a serious offence by mis-declaring the quantity i.e. against 30,000 pairs declared in the export document only physical quantity found 405 pairs. Moreover, the value was also shown exorbitantly high. I find that though the appellant has acted as CHA and […]

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