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CESTAT Bangalore

LCD modules classifiable under Tariff Item No. 9013: CESTAT

April 24, 2021 2322 Views 0 comment Print

Explore the CESTAT Bangalore order on Continental Automotive Components (India) Pvt Ltd vs. C.C., challenging the classification of LCD modules. Learn about the key findings and legal sustainability.

Treat Request for Reassessment as Application for amendment of Bill of Entry: CESTAT

April 24, 2021 2853 Views 0 comment Print

Explore the case of Kirloskar Ferrous Industries Ltd. vs. Commissioner of Customs (CESTAT Bangalore) where excess duty payment is contested. Learn about the implications, challenges, and legal decisions.

No service tax prior to 01/05/2011 on operational & administrative assistance under BSS category

April 19, 2021 1167 Views 0 comment Print

Since the definition of Business Support Service was amended w.e.f. 01.05.2011 to include ‘operational or administrative assistance in any manner’ hence, the services in relation to operational and administrative assistance could only be taxed post the said amendment and not before that.

No Service Tax on Free Warranty and Labour Services

April 16, 2021 3177 Views 0 comment Print

Explore the case of Popular Vehicles and Services Ltd. vs Commissioner of Central Tax & Central Excise (CESTAT Bangalore). Analysis of service tax demand on free services and warranty labor, with references to legal precedents and departmental decisions.

ITC eligible on Photography, Credit/Debit Card Services for business

April 16, 2021 5136 Views 0 comment Print

Fidelity Business Services India Pvt. Ltd. Vs Commissioner Of Central Tax (CESTAT Bangalore) Photography Services were availed by the appellant for capturing the business events which are necessary to keep record of the events conducted as well as for future reference hence this service also falls within the definition of Input Service. Further, with regard […]

Mutual Fund trading is different from redemption of MF units

April 15, 2021 2976 Views 0 comment Print

Ace Creative Learning Pvt. Ltd. Vs Commissioner of Central Tax (CESTAT Bangalore) Appellant is providing Commercial Training and Coaching Services and they have also invested in the mutual funds and have earned profit during the year 2014-15, 2015-16 & 2016-17 which they have shown as under the head ‘other income’. The Department has wrongly considered […]

No service tax liability on license fee and other fee for grant of liquor license

February 18, 2021 8121 Views 0 comment Print

CESTAT Bangalore, in M/S. Anheuser Busch Inbev India Ltd. v. Commissioner of Central Tax [Service Tax Appeal No. 20374 of 2020, decided on February 18, 2021] held that no service tax under reverse charge mechanism is payable on the license fee and other application fee paid to the State Excise department for grant of liquor license. Further, confirmed the Service tax demand on Storage License fee for CO2 which the Appellant is liable to pay along with interest.

Date of receipt of order in absence of proof with Department of actual receipt of order by assessee

February 5, 2021 3666 Views 0 comment Print

Venkateshwara Power Projects Ltd Vs Commissioner of Central Tax (CESTAT Bangalore) Assistant Commissioner passed the Order-in-Original on 18/03/2019 but the same was not actually delivered to the appellant. The appellant only came to know on 12/03/2020 when they received a letter from the Superintendent informing them about the passing of the Order-in-Original and ordered to […]

No Service Tax on Secondment of Employees by group companies

January 19, 2021 3219 Views 0 comment Print

Target Corporation India Pvt Ltd Vs C.C.E. (CESTA Bangalore)  Definition of ‘Manpower Recruitment or Supply Agency’ seeks to bring under its ambit, two types of activities i.e. recruitment of manpower and supply of manpower and further the service becomes the taxable service only if provided by a manpower recruitment or supply agency but in the […]

Service Tax was not applicable on salary paid to employees under secondment agreement

December 23, 2020 8169 Views 0 comment Print

No  service tax applicable to salary paid to employees under the secondment agreement as persons seconded to assessee working in the capacity of employees and payment of salaries etc was made to such employees by group companies only for disbursement purposes and hence employee-employer relationship exist and the whole arrangement between assessee and its group companies did not fall under the taxable service of manpower recruitment or supply agency service as defined under the Finance Act, 1994. 

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