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CESTAT Ahmedabad

Services provided by co-developer to the joint venture is not Business Support Service

December 5, 2022 1386 Views 0 comment Print

CESTAT Ahmedabad held that services provided by an active party to the joint venture is not covered within Business Support Service. Work was assigned on the basis of co-developer and not an agent. Accordingly, service tax not payable.

Activity of ready-mix concrete doesn’t involve any service element

December 5, 2022 4233 Views 0 comment Print

CESTAT Ahmedabad held that the sale of ready-mix-concrete doesnt involve any service element and hence there is no service tax liability. Manufacturing activity of ready-mix-concrete cannot be covered under the definition of works contract.

Rejection of documents without verifying authenticity is against principle of natural justice

December 2, 2022 1476 Views 0 comment Print

CESTAT Ahmedabad held that adjudicating authority cannot reject the documentary evidence without verifying the authenticity of the same. Rejection of the documents without ensuring the authenticity is gross violation of principle of natural justice which is untenable in law.

Cenvat credit of service tax paid on outward GTA service – CESTAT directs Commissioner (Appeals) to decide afresh

December 2, 2022 1020 Views 0 comment Print

It appeared that any service availed after clearance of finished goods beyond the place of removal is not an input service and therefore, the appellant are not eligible to avail cenvat credit of service tax paid on outward GTA service.

No penalty if Service Tax demand along with interest paid before issue of SCN

December 2, 2022 1857 Views 0 comment Print

Org Informatics Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) Submission of appellant is that Such matter cannot be taken as evasion of service tax, the matter is revenue neutral as the Cenvat credit of service tax is always admissible and it is a fit case, for invocation of Section 80 of the […]

Service Tax exempt on Canteen maintained in a Factory

December 2, 2022 3360 Views 0 comment Print

Sai Pooja Enterprises Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) CESTAT observed that the taxable services in relation to provisions of Outdoor Caterer is defined under Section 65 of the Finance Act 1994 and attracting payment of service tax on the provisions of such services. However we find that there is Exemption vide […]

Coverage and taxability of foreign agent service needs proper examination

December 2, 2022 990 Views 0 comment Print

CESTAT Ahmedabad held that the coverage and taxability of foreign agent service which are alleged to have been received outside India needs proper examination and hence directed for de novo adjudication

Service tax cannot be demanded on installation activity when excise levied on entire value of supply of machinery

December 2, 2022 1914 Views 0 comment Print

CESTAT Ahmedabad held that as excise duty is levied on the entire value of supply of machinery. Hence, service tax cannot be demanded separately on activity of erection, commissioning and installation of the said machinery.

Service provided to Gujarat Energy Transmission Corporation Ltd. is exempt from service tax

December 1, 2022 1689 Views 0 comment Print

CESTAT Ahmedabad held that service provided to Gujarat Energy Transmission Corporation Ltd. are exempted from the payment of service tax in terms of Notification No. 45/2010–ST dated 20.07.2010

DGFT Clarification prevails over allegation by Customs Department

December 1, 2022 2103 Views 0 comment Print

Explore the CESTAT Ahmedabad decision in Amar Cold Storage’s favor. DGFT clarification on DEPB entry Sr.No.2/66 prevails, reversing Customs Department.

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