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CESTAT Bangalore

Exemption notification gets effective only from date it got published in Official Gazette

February 16, 2023 1443 Views 0 comment Print

CESTAT Bangalore held that notification no. 29/2018-CUS dated 01.03.2018 was published in the official gazette only on 06.03.2018 after it was digitally signed. Hence, the said notification is effect only from 06.03.2018 and not from 01.03.2018.

Ultimate use of imported goods cannot be criteria for deciding valuation

September 6, 2022 705 Views 0 comment Print

Ultimate use of imported goods cannot be criteria for valuation. Every business man is free to adopt his own way of conducting business

Cenvat Credit not eligible on Sales commission: CESTAT Bangalore

August 10, 2022 756 Views 0 comment Print

CESTAT Held that services of sales commission service don’t qualify as input service and accordingly Cenvat Credit on the same not available.

No Service tax on Reimbursement of ‘Office Expenses’

July 1, 2022 579 Views 0 comment Print

Explore the CESTAT Bangalore order on Manav Marketing Pvt. Ltd. service tax issue. Analysis of machine commissioning charges, office expenses, and commission. Full text included.

No service tax on stability studies & technical testing & analysis of new drugs

June 18, 2022 1002 Views 0 comment Print

No Service Tax on stability studies and technical testing and analysis of new drugs were classifiable under taxable category of Scientific and Technical Consultant Service and Technical Testing and Analysis Service

CESTAT allows Transfer of CENVAT Credit to amalgamated entities

June 17, 2022 405 Views 0 comment Print

IBM India Pvt. Ltd. Vs C.C.E. & S.T.-Bangalore-LTU (CESTAT Bangalore) On a cogent reading of sub-rules (1) and (2) of Rule 10 ibid as above, it transpires that transfer and availment of unutilized cenvat credit is permissible under the statute, subject to fulfillment of the conditions that transfer of business must be on account of […]

Composition Scheme cannot be denied merely for discharge of service tax under different Head prior to 01.06.2007

May 15, 2022 1494 Views 0 comment Print

CESTAT held that Composition Scheme cannot be denied to the appellants merely on the ground of discharge of service tax under different Head prior to 01.06.2007.

Service Tax not payable on Notice pay mentioned in employment contract

May 13, 2022 1413 Views 0 comment Print

XL Health Corporation India Pvt. Ltd. Vs Commissioner of Central Tax (CESTAT Bangalore) The term ‘notice pay’ mentioned in the employment contract cannot be considered as a service, more specifically as the taxable service inasmuch as neither of the parties to the contract have provided any service to each other. Thus, the phrase ‘service’ defined […]

Service Tax not payable on fee paid to State Govt in respect of manufacture, import & sale of alcoholic liquor

May 9, 2022 600 Views 0 comment Print

United Spirits Limited Vs Commissioner of Central Taxes (CESTAT Bangalore) CESTAT find that the adjudicating authority has confirmed the demand in respect of various fees paid to the State Government in respect of manufacture, import and sale of alcoholic liquor. The adjudicating authority, though dropped the demand on licence fee, but confirmed the demand on […]

Simple Aluminium Plates’ classifiable under CTH 76061200

May 8, 2022 372 Views 0 comment Print

CESTAT Bangalore ruling on aluminum classification. Commissioner’s order final. Analysis of Alufit India vs. Commissioner of Customs case.

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