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CESTAT Bangalore

CENVAT Credit eligible on Sales Commission

November 26, 2020 3042 Views 0 comment Print

It has been consistently held that sales commission fall under definition of ‘input service’. By following the ratio of the above said decisions, we hold that denial of CENVAT Credit on sales commission is not sustainable in law.

No service tax on internet based trading software licensing prior to 16.05.2008

November 24, 2020 783 Views 0 comment Print

Religare Technova Global Solutions Ltd. Vs Commissioner of Service Tax (CESTAT Bangalore) Conclusion: Since the activities undertaken by assessee were covered under the Information Technology Services as taxable under Section 65(105)(zzzze) with effect from May 16, 2008  and prior to 16-5-2008, even the services rendered by assessee was excluded from the scope of consulting engineer’s […]

Service tax not applicable on permanent transfer of IP Rights

November 10, 2020 5436 Views 0 comment Print

Assignment of trademark and the IPR were amounted to permanent transfer and no service tax was applicable on permanent transfer of IP Rights by Foster’s to assessee. 

Interest for Delayed Service Tax refund – From the date of application or date of order?

October 13, 2020 3306 Views 0 comment Print

Scribetech India Healthcare Pvt Ltd. Vs Commissioner of Central Tax (CESTAT Bangalore) The Bangalore CESTAT ordered for the interest for a delayed refund on the expiry of period of three months from the date of receipt of application, following the decission Supreme Court in the case of Ranbaxy Laboratories Ltd. Section 56 of the CGST […]

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

October 1, 2020 4068 Views 0 comment Print

Goldman Sachs Services Vs Commissioner Of Central Tax (CESTAT Bangalore) Facts- Employees of overseas group companies have come on secondment to the assessee. The assessee has entered into separate employment contract with the seconded personnel and employer-employee relationship exists between the assessee and the seconded personnel. It is alleged that the activity falls under Business […]

Banks eligible to avail ITC on Insurances services availed for Rendering Output Services

September 23, 2020 867 Views 0 comment Print

The issue under consideration is whether the assessee banks are eligible for cenvat credit of service tax availed on insurance service received by the banks from the Deposit Insurance and Credit Guarantee Corporation?

Cenvat credit when portion of output service not liable to service tax

September 9, 2020 1479 Views 0 comment Print

Metlife India Insurance Company Limited Vs Commissioner of Central Excise (CESTAT Bangalore) CESTAT Bengaluru has held that Cenvat credit of service tax paid under reverse charge mechanism for availing services of insurance agents was available in a case when a portion of the premium amount (consideration towards output service), in case of ULIP policies, was […]

Duty drawback cannot be denied for procedural irregularities

August 31, 2020 1485 Views 0 comment Print

Bio Gen Extracts Pvt Ltd Vs Commissioner of Customs (CESTAT Bangalore) We find that the appellant initially exported Phycocyanin and a part quantity of the same was rejected for quality reasons which was re-imported by him without payment of duty in terms of Notification No. 158/95-Cus dated 14.11.1995 on executing Bond with Bank Guarantee. We […]

Customs duty can be demanded only by officer having jurisdiction on import

August 26, 2020 2313 Views 0 comment Print

The issue under consideration is whether the dredger is covered as a foreign flag vessel and liable for payment of custom duty?

No Service Tax on advanced fire-fighting training & elementary first aid course

July 21, 2020 1608 Views 0 comment Print

The issue under consideration is whether service tax is applicable on the fee income earned from the students under the category of “Commercial Training or Coaching Services”?

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