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CESTAT Bangalore

No Service tax on Reimbursement of ‘Office Expenses’

July 1, 2022 852 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 1422 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 702 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 1995 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 2097 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 858 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 672 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 2400 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 615 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 636 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.

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