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CESTAT Bangalore

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

May 15, 2022 1590 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 1569 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 642 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 399 Views 0 comment Print

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

Refund cannot be rejected merely for non-submission of documents before adjudicating authority

May 7, 2022 1905 Views 0 comment Print

Centroid Polymer Technologies Vs Commissioner of Central Tax & Central Excise (CESTAT Bangalore) Appellant submits that the appellate authority has rejected their appeals and denied refund on the ground that required documents in terms of Section 11B of Central Excise Act, 1944 as made applicable by Section 83 of Finance Act, 1994 have not been […]

Service by foreign entity will not fall under definition of ‘Telecommunication Service’

April 17, 2022 399 Views 0 comment Print

Tribunal held that the foreign service provider being not covered under the term ‘Telegraph Authority’, the service provided by them will not fall under the definition of ‘Telecommunication Service.

CESTAT allows refund of service tax paid upfront amount on long term lease of industrial lands

April 17, 2022 450 Views 0 comment Print

The appellant had taken industrial lands on long term lease from Kerala Industrial Infrastructure Development Corporation by paying an upfront amount on long term lease, along with service tax. Thereafter, with the insertion of Section 104 into Chapter V of the Finance Act, 1994 with retrospective effect, the appellants requested for refund of the service tax paid by them on the upfront amount on long term lease of industrial lands.

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

April 15, 2022 1707 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 […]

Loading/unloading in Truck is part & parcel of transportation of goods services

April 10, 2022 7029 Views 0 comment Print

Deccan Mining Syndicate (P) Ltd Vs CCE (CESTAT Bangalore) Admittedly, the assessee appellant has only engaged the services of individual truck owners for transporting the iron ore and ore burden from its mine head up to the port and hence he would become the recipient of GTA service. We have gone through the findings of […]

CESTAT explains time limit for refund claims under Rule 5 of CENVAT Credit Rules, 2004

April 10, 2022 1416 Views 0 comment Print

Infosys BPO Ltd Vs C.C.E & C.S.T. (CESTAT Bangalore) We find that almost all input services used by the assessee in the case in hand have been considered by various Benches as well as higher judicial fora. Larger Bench of this Tribunal in the case of CCE Vs. Span Infotech (India) Pvt. Ltd. [2018(12) GSTL […]

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