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CESTAT Bangalore

No service tax on activities undertaken in the capacity of a real estate developer

October 29, 2018 1563 Views 0 comment Print

Prestige Estates Projects Pvt Ltd Vs Commissioner Of Central Tax (CESTAT Bangalore) It is seen that the amounts received by the appellants in respect of 3 activities undertaken by them i.e. ‘assignment transfer income’, assessment and bifurcation fees, ‘Khata transfer fees’ and ‘forfeiture’ amounts find their origin in the agreement with prospect to buyers in […]

No Service Tax on Restoration & Painting of Cylinders as ‘Maintenance and Repair Service’

October 22, 2018 1275 Views 0 comment Print

M/s. R.K. Cylinders Vs Commissioner Of Central Tax (CESTAT Bangalore) Going by the activity undertaken by the appellants as per the tender agreement, it is seen that he is not covered under (i) as above. Moreover, he is not a manufacturer of cylinders or he is not any person authorized by a manufacturer. It is […]

Highly technical equipment cannot be differentiated into smaller parts

October 22, 2018 693 Views 1 comment Print

Hindustan Aeronaurics Ltd Vs Commissioner of Customs (CESTAT Bangalore) It is evident by the submissions of the appellant that the impugned part is not only a mere sting or wire or rope but is part of A90B100 which consists of other units. It was not correct on the part of the department to isolate a minor part […]

No Service Tax on mere Laying of Interlocking Paver blocks & Approach Roads

October 7, 2018 3318 Views 0 comment Print

M/s. Abideep Interlock Pavers Pvt. Ltd Vs Commissioner of Central Excise (CESTAT Bangalore) At present, services rendered for construction of commercial or industrial buildings is taxable. However,  construction of roads is not liable to service tax. A point has been raised that if a commercial complex is constructed which also contains roads whether the value […]

No Service Tax on Permitting Students to use Factory Premises for Research Work

October 7, 2018 510 Views 0 comment Print

Fertilisers & Chemicals Travnacore Ltd Vs C.C.,C.E.& S.T- Cochin-CCE (CESTAT Bangalore) We find that in the present case, permitting the students to use the factory premises for their research work as a part of their academic curriculum will not make the receipt of the appellant as consideration for services rendered under the category of commercial […]

Service Tax not payable on Agency Commission Paid by RBI to Banks

September 25, 2018 2976 Views 0 comment Print

Canara Bank Vs Commissioner of Central Excise & Service Tax (LTU) (CESTAT Bangalore) FULL TEXT OF THE CESTAT JUDGMENT M/s. Canara Bank, the appellant, is a banking company and a body corporate, conducting their operations in India. It was alleged by the Department that the appellants were acting as the agents for the Reserve Bank […]

Service Tax cannot be imposed on Ayurvedic Centres merely for running the same in Resorts

September 11, 2018 3201 Views 1 comment Print

The Commissioner of Central Excise Vs M/s. Coconut Lagoon Kumarakom (CESTAT Bangalore)  it is seen that the ayurvedic centres are providing therapeutic treatment under ayurvedic system. Going by the mere fact that the centres are located in the resorts and sometimes the duration of treatment is for one or two days, it cannot be concluded that […]

Leasing stalls and land not fall under business exhibition services

August 20, 2018 705 Views 0 comment Print

M/s. Karnataka Exhibition Authority Vs C.C.,C.E.& S.T (CESTAT Bangalore) Karnataka Exhibition Authority had leased out the land having stalls, by way of tender”. We are of the considered view that leasing stalls and land will not fall under the category of „business exhibition services‟as held by the Revisionary Authority. The learned Departmental Representative has relied upon […]

Dhatri Hair care & Massage Oil are Ayurvedic Medicament

August 20, 2018 1839 Views 0 comment Print

C.C. Vs Warrier’s Hospital & Panchakarma Centre (CESTAT Bangalore) Dhatri Hair Oil and Dhatri Massage Oil fall under drugs and cosmetics falling under Chapter 30 of Central Excise Tariff as they have fulfilled the following conditions laid down by the Hon’ble Supreme Court in the case of Dabur India Vs. C.C.E. 2005 (182) ELT 290 […]

Snack provided while performing ‘Mandap keeper’ service cannot be equated to a satisfy meal

August 20, 2018 615 Views 0 comment Print

Woodlands Hotels Pvt. Ltd. Vs C.C.E & C.S.T. (CESTAT Bangalore) A snack cannot be equated to a high tea; for that logic, it comes rarely closer to a ‘substantial and satisfying meal’. Therefore, it is to be concluded that snack cannot fulfill the conditions of the food being substantial and satisfying. Therefore, we are of the […]

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