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CESTAT Ahmedabad

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

February 14, 2023 1248 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 2271 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 1263 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 909 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 2901 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 […]

Department cannot raise demand without examining reversal of Cenvat credit & calculating proportional credit

February 2, 2023 804 Views 0 comment Print

CESTAT held that, once assessee had reversed proportionate credit attributed to exempted goods, no demand of 10% of value of goods can be raised by Revenue Department.

No need to rely on website & Wikipedia for meaning, when test reports of product by laboratories are available

February 2, 2023 1167 Views 0 comment Print

When the test reports were available on record, there was no need to go to the website and Wikipedia for the meaning of the product.

Bar of Cenvat credit lapse not applies to conditional exemption – Rule 11(3)

January 30, 2023 1020 Views 0 comment Print

Rule 11(3) Cenvat Credit Rules 2004 Bar of credit lapsing applicable only when assessee availed absolute exemption & not on conditional one

Demand for Cenvat credit cannot be raised based on bald SCN

January 29, 2023 882 Views 0 comment Print

Without any single evidence of taking credit in SCN, the SCN is bald & proceedings flowing from said SCN liable to be quashed on this threshold point itself.

No service tax for brand endorsement during IPL as the same was not “business support service”

January 27, 2023 2136 Views 0 comment Print

Service tax demand against famous cricketers and brothers, Irfan Pathan and Yusuf Pathan was not justified as they were not providing any service as an independent individual worker therefore, they were not liable to service tax under the Business Support Service for brand endorsement during IPL.

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