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CESTAT Allahabad

Service Tax demand cannot be raised on the basis of Mere Form 26AS: CESTAT Allahabad

February 17, 2024 1398 Views 0 comment Print

CESTAT Allahabad rules against service tax demand based solely on Form 26AS, emphasizing the need for thorough evidence beyond income tax returns.

Diesel being supply of goods its value not includible in operation & maintenance service

January 31, 2024 612 Views 0 comment Print

CESTAT Allahabad held that supply of diesel in Operation & Maintenance contract, being supply of goods, is outside the purview of service tax. Accordingly, value of diesel is not includible in the assessable value of operation and maintenance service.

CESTAT aside order to initiate contempt proceedings against govt officials considering Apology

January 27, 2024 432 Views 0 comment Print

Explore Mahesh & Co Pte Ltd case, including recall of orders, delay apology, and re-export compliance. Analysis of legal proceedings and consequences.

No Service Tax for Kolkata Municipal Slaughterhouse Design Work: CESTAT Allahabad

January 16, 2024 252 Views 0 comment Print

CESTAT Allahabad rules on Service Tax exemption for construction of slaughterhouse. Detailed analysis of Commissioner vs. Meatek Food & Machineries case.

Dept. Cannot Retain Deposited Amount Under Protest: CESTAT Allahabad

January 16, 2024 441 Views 0 comment Print

CESTAT Allahabad rules in Jalan Con Cast Ltd. vs. Commissioner case. Detailed analysis on department’s power to retain deposited amount under protest.

Burden to demonstrate dispatch of order by speed post with acknowledgment lies with revenue

January 11, 2024 768 Views 0 comment Print

CESTAT Allahabad remands matter on customs action due to department’s failure to dispatch order to assessee, challenging the bar of limitation under Section 128.

Interest allowable on Cenvat Credit refund after expiry of 3 months from date of filing claim to date of claim

December 7, 2023 453 Views 0 comment Print

Interest for period after 3 months refund of 19 crores of cenvat credit was allowable after expiry of three months from the date of filing the claim to the date of claim. In the present case refund claim was filed on 27.12.2012 the period of three months will be over on 26.03.2013. They would be entitled to the interest for the period beyond 26 March, 2013 to the date of payment i.e. 21.05.2013, which was about 55 days.

Commissioner (Appeals) cannot condone delay beyond 30 days: CESTAT Allahabad

December 7, 2023 2421 Views 0 comment Print

In this analysis of Tehsildar Koil Vs Commissioner of Central Excise, CESTAT Allahabad rules on time-barred appeals, emphasizing the 30-day limit for filing

Indian exporter not receiving services from foreign bank not liable to pay services tax under reverse charge

November 23, 2023 894 Views 0 comment Print

CESTAT Allahabad held that in case of foreign export proceeds, the Indian Exporters are not the recipient of services from the Foreign Bank/ intermediary bank. Accordingly, demand of service tax as service recipient on bank charges thereon unjustified.

SAD not leviable on goods cleared as sample by availing exemption from payment of sales tax/ VAT

November 18, 2023 522 Views 0 comment Print

CESTAT Allahabad held that SAD (Special Additional Duty) is not leviable on the goods cleared in DTA as samples from EOU by availing of exemption from payment of Sales Tax/ VAT.

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