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CESTAT Ahmedabad

Interest on refund of pre-deposit @6% duly entitled from date of deposit when demand set aside

February 19, 2023 15780 Views 0 comment Print

CESTAT Ahmedabad held that appellant is duly entitled for interest on refund of pre-deposit amount @6% from the date of deposit of pre-deposit till the date of refund in a case where the Tribunal has finally passed the final order setting aside the demand.

Value of free supply not includible in gross amount charged for levy of service tax

February 19, 2023 1209 Views 0 comment Print

CESTAT Ahmedabad held that the value of free supplies cannot be included in the gross amount charged for the purpose of levy of service tax.

Cenvat Credit cannot be denied if duty is paid on finished goods even though it attract nil rate of duty or exempted

February 17, 2023 2277 Views 0 comment Print

Once duty is paid on finished goods even though said finished goods attract nil rate of duty or exempted under any notification, cenvat credit on input cannot be denied

Interest eligible if service tax refund is not sanctioned within three months from filing date

February 17, 2023 2349 Views 0 comment Print

Bombardier Transportation India Pvt Ltd Vs C.C.E. & S.T Vadodara II (CESTAT Ahmedabad) We find that there is no dispute that the appellant had initially filed the refund application on 13.06.2011. It is this refund claim which was rejected by the sanctioning authority and the matter had travelled up to this Tribunal. This tribunal vide […]

Classification of service cannot be challenged at service recipient end

February 17, 2023 1305 Views 0 comment Print

Gujarat Jhm Hotels Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) In the present case the cenvat credit was denied in respect of service received by the appellant from M/s. Indian Hotels Co.Ltd. on the pretext that the same is classifiable under Business Auxiliary Service which is not specified under Rule 6(5) of Cenvat Credit Rules, […]

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

February 17, 2023 1080 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 1902 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 498 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 1407 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 1509 Views 0 comment Print

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

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