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CESTAT Chandigarh

Modular Employment Scheme: Outside Ambit of Service Tax

July 25, 2023 318 Views 0 comment Print

CESTAT Chandigarh held that the modular employment scheme is a vocational training programme and vocational training activity is outside the ambit of service tax, as exempted vide Notification No. 24/2004-ST dated 10.09.2004.

Matter remanded for fresh re-consideration as cross-examination of key witnesses not allowed

July 24, 2023 597 Views 0 comment Print

CESTAT Chandigarh remanded the matter to the Adjudicating Authority for a fresh re-consideration as cross-examination to key witnesses was not allowed.

Not allowing cross-examination of key witnesses vitiates the proceedings

July 24, 2023 867 Views 0 comment Print

CESTAT Chandigarh held that the interest of justice would be properly served if the case goes back to the Adjudicating Authority to adjudicate the case afresh as not allowing the cross-examination of key witnesses vitiates the proceedings.

Once service tax levied under ‘Commercial Construction Service’, it cannot be re-demanded under ‘Works Contract Service’

July 21, 2023 303 Views 0 comment Print

The CESTAT quashes penalty against SAB Industries Limited, ruling that service tax cannot be levied under ‘Works Contract Service’ once demanded under ‘Commercial Construction Service’.

SSI Exemption Cannot Be Denied for Using Family Surname in Separate Entity

July 17, 2023 342 Views 0 comment Print

The CESTAT Chandigarh has ruled in favor of Mankoo Machine Tools in a pivotal case on SSI exemptions. This decision clarifies that family surnames can be used across separate entities without forfeiting SSI exemptions.

Adda Fee cannot be equated to ‘Business Support Service’

July 17, 2023 876 Views 0 comment Print

The recent ruling by CESTAT on Chandigarh Transport Corporation Vs Commissioner of Central Excise has declared that the collection of Adda fee by transport corporations as part of statutory functions does not amount to “Business Auxiliary Service” (BAS).

No Refund of Education Cess and HE Cess under Notification No. 56/2002-CE

July 17, 2023 711 Views 0 comment Print

Explore the CESTAT’s recent ruling in the case of Kashmir Steel Rolling Mills vs Commissioner of Central Excise, where the tribunal upheld the rejection of the refund claim for Educational Cess due to its exclusion in the area-based exemption notification.

Collection of toll cannot be considered as provision of Business Auxiliary Service to NHAI

July 15, 2023 726 Views 0 comment Print

CESTAT Chandigarh held that collection of toll by the assessee would not be considered as Business Auxiliary Service provided to NHAI as the assessee is not rendering any service which is incidental or auxiliary on behalf of NHAI and the NHAI is not undertaking any business activity.

Service tax duly payable by sub-contractor even if main contractor discharged tax liability

July 13, 2023 747 Views 0 comment Print

CESTAT Chandigarh held that sub-contractor is liable to pay service tax on ‘Erection, Commissioning and Installation service’ even if the main contractor has discharged Service Tax liability on the activity undertaken by the sub­contractor.

Registration under particular service not required for exemption under notification 41/2007-ST

July 12, 2023 900 Views 0 comment Print

CESTAT Chandigarh held that the Registration under a particular service is not necessary for the purpose of claiming exemption under Notification No. 41/2007 dated 06.10.2007.

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