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CESTAT Bangalore

Test services in India for Clients located outside India is Export services

April 10, 2022 1611 Views 0 comment Print

MedGenome Labs Ltd. Vs Commissioner Of Central Tax (CESTAT Bangalore) As per Rule 3 of POPS Rules, the place of provision of service shall be the location of the recipient of service. In the present case, the location of the recipient of service is in abroad. Therefore, the service deemed to have been provided in […]

CESTAT quashes Service Tax Demand raised against Anil Kumble

April 10, 2022 2652 Views 0 comment Print

CESTAT Bangalore rules in favor of Anil Kumble, citing precedent. No service tax liability for services provided under agreements with M/s. RCSPL and franchisee.

Section 11B time limitation for claiming refund not applies to ‘deposit’ in PLA

March 28, 2022 1245 Views 0 comment Print

Marketing Communication and Advertising Ltd. Vs Commissioner of Central Tax (CESTAT Bangalore) Section 11B prescribes time limitation for claiming refund of duty & interest, if any, paid. In the Order-in-Original, even though Appellate Authority observed that the appellant filed a refund claim of Rs. 20,38,157/- (Rupees Twenty Lakhs Thirty Eight Thousand One Hundred and Fifty […]

Refund short allowed – CESTAT Directs dept to consider inadvertent error of Appellant

March 14, 2022 558 Views 0 comment Print

Tata Consumer Products Ltd. Vs Commissioner of Central Tax (CESTAT Bangalore)  From a perusal of the impugned Order-in-Appeal, I find that though the appellate authority has taken note of the claim of the appellant as regards the inadvertent/clerical error, but has not accepted on the ground that the same was not brought to the notice […]

Prior to issuance of DGFT Notification dated 18/12/2019, gold was freely importable

March 11, 2022 1389 Views 0 comment Print

Rajesh Exports Ltd. Vs Commissioner of Customs (CESTAT Bangalore) As per the Notification dated 18/12/2019, it has been held that after issuance of the Notification dated 18/12/2019, only Nominated agencies can import the gold with end use condition which otherwise means that prior to issuance of the Notification dated 18/12/2019, the gold was also freely […]

Partner not liable to pay service Tax on Share of Profit & Remuneration from Partnership Firm

March 9, 2022 10527 Views 1 comment Print

Gautam Bhattacharya Vs Commissioner of Central Tax (CESTAT Bangalore) Brief facts of the case are that the appellants are the partners of partnership firm namely M/s. Ernst & Young, LLP. The appellants had filed their income tax returns showing components such as ‘sale of services’, against which partners have shown certain amount received from the […]

Service tax not payable on software maintenance services for the period 9.7. 2004 to 30.11.2005

February 28, 2022 1092 Views 0 comment Print

Mindtree Ltd Vs Commissioner of Service Tax (CESTAT Bangalore) It was not intention of the Government to tax software services as information technology services including ‘Software Maintenance Services’ were excluded from ‘Business Auxiliary Services’; the explanation added in the definition of ‘Goods’ to include computer services if can only be prospective from 1.6.2007 and the […]

No service Tax on Lease of Wagons to Railways when effective control rest with Railway & VAT/Sales Tax already paid

February 21, 2022 2157 Views 1 comment Print

MSPL Ltd Vs Commissioner of Central Excise and Customs (CESTAT Bangalore) Briefly stated the facts of the case are that the appellants are engaged in mining and sale/export of iron ore and are registered with service tax department. The appellants have availed ‘own your wagon scheme’ introduced by Indian Railways by purchasing and leasing out […]

Service tax cannot be demanded on amounts incurred by HO towards salaries of Branch employees

February 20, 2022 2115 Views 0 comment Print

Cades Digitech Pvt Ltd Vs Commissioner of Central Tax (CESTAT Bangalore) We find that the amounts incurred by the head office (HO) towards the salaries etc. of the employees working in their branches can by no stretch of imagination be equated to any service rendered to them by the respective branches. We find that in […]

Service Tax not payable on risk/gold loan/additional interest merely because it’s shown as incidental charges

February 18, 2022 1794 Views 0 comment Print

Kosamattam Finance (P) Limited Vs Commissioner of Central Excise & Service Tax (CESTAT Bangalore) Coming to the question as to whether the appellants are required to pay service tax on the risk interest/interest on gold loan/additional interest shown as incidental charges before October 2008, it is not disputed that the appellants are a NBFC and […]

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