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CESTAT Bangalore

Service Tax payable on Contribution to Secure Depositors Interest

February 12, 2020 678 Views 0 comment Print

Deposit Insurance Contract is also a general insurance contract as defined in law and merely because they are statutorily prescribed, they do not cease to be contract of insurance. The insurer is the Corporation, the insured are the banks and the beneficiary is the depositor(s)

No Service Tax on VSAT (Very Small Aperture Terminal) fee

December 20, 2019 960 Views 0 comment Print

Manipal Universal Learning Pvt. Limited Vs The Commissioner of Central Excise (CESTAT Bangalore) Brief issues that require consideration in this case or as to Whether VSAT (Very Small Aperture Terminal) fee (both one-time fee for supply of goods and actual usage charges) charged for supply of VSAT equipment is liable for service tax under “franchise […]

Unutilized credit cannot be denied, if assessee voluntarily debits it in GSTR-3B

December 16, 2019 1494 Views 0 comment Print

appellant have reversed the CENVAT credit in their CENVAT credit account but the same was not shown in the ST-3 Returns because by the time refund was filed, GST has been introduced and filing of ST-3  returns itself was done away with. Further, I find that the appellant has voluntarily debited the refund amount in GSTR-3B during May 2018 which clearly complies with the conditions of the Notification.

Service of interconnectivity between two points for transferring of data or its transmission cannot be held as OIDAR service

December 3, 2019 984 Views 0 comment Print

Philips Electronics India Ltd. Vs Commissioner of Central Tax (CESTAT Bangalore) The appellants, Philips Electronics India Ltd. are a 100% EOU (Software Technology Park Unit) are engaged in developing and export of software. No part of the output services are rendered to any client in India. The appellants have entered into various agreements with their […]

Penalty not leviable for wrong availment of ITC due to interpretation issue

August 18, 2019 1470 Views 0 comment Print

Appellants are not liable to penalty on wrong availment of GTA services up to the customer’s premises because it was an interpretation issue and was settled by the Apex Court in the year 2018in the case of Ultratech and therefore no intention to evade service tax can be imputed on the appellant. 

EPCG scheme: No interest payable on composition fee as same is not duty under Customs Section 28

July 31, 2019 2916 Views 0 comment Print

Lulu International Convention Centre Pvt Ltd Vs Commissioner of Customs Cochincus (CESTAT Bangalore) Appellant has discharged the export obligation and has also obtained redemption certificate from DGFT. Further I find that as per the EPCG Scheme, there is a provision that extension in export obligation period beyond two years period may be considered for a […]

No service tax on Construction of Residential Complex Service prior to 01.07.2010

March 25, 2019 2529 Views 0 comment Print

C.C.E & C.S.T.-Bangalore Service Tax Vs Keerthi Estates Pvt. Ltd.(CESTAT Bangalore) We find that the appellant is engaged in the Construction of Residential Complex in terms of the Development Agreements entered with land owners and prospective buyers. The period of dispute is from 16.06.2005 to 31.01.2007. Further we find that an explanation was added for […]

CESTAT expresses serious concern on communications to appellants citing Asian Resurfacing case

March 23, 2019 1578 Views 0 comment Print

Vijayanagar Sugars Pvt Ltd Vs Commissioner of Central Excise, Customs And Service Tax (CESTAT Bangalore) These applications of M/s Wellcast Steels Ltd, M/s Vijayanagar Sugars Pvt Ltd and of Shri R Rajendra Kumar under section 35F of Central Excise Act, 1944, read with section 35C(2A) of Central Excise Act, 1944 and with rule 41 of […]

Mandatory pre-deposit can be made through CGST Credit

February 5, 2019 12201 Views 1 comment Print

The learned AR also accepted the legal position that mandatory pre-deposit can be made through the CGST Credit. In view of this fact, we are of the opinion that the objection raised by the Registry is not tenable

Service Tax Non-payment due to illness of Mother of Partner: CESTAT drops Penalty

November 10, 2018 681 Views 0 comment Print

M/s. ARCHI-TECHNICS Vs. Commissioner of Central Excise and Service Tax (CESTAT Bangalore) I find that there was delay in payment of service tax which was on account of the reasonable cause as the mother of one of the partner was suffering from heart problem. Further, I find that this Tribunal in the case of Raj […]

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