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CESTAT Chandigarh

Sub-contractor liable to pay service tax despite tax payment by main contractor

July 12, 2023 1884 Views 0 comment Print

CESTAT Chandigarh held that sub-contractor is liable to pay the Service Tax even if the main contractor has discharged the liability. Accordingly, service tax payable on ‘Commercial or Industrial Construction Service’.

Service tax not leviable on transfer of know-how

July 11, 2023 816 Views 0 comment Print

CESTAT Chandigarh held that know-how is not an Intellectual Property Rights (IPR) within the meaning of service tax law and consequently its transfer is not liable to service tax.

Demand as job worker unsustained in absence of supply of goods by principal manufacturer

June 22, 2023 591 Views 0 comment Print

CESTAT Chandigarh held that job worker is the one who works upon the goods supplied directly or indirectly by the principal manufacturer. In absence of the said supply, appellants do not fit into the definition of ‘job worker’. Hence, demand unsustainable.

CA certificate produced for quantification of tax ignored without cogent reason is bad-in-law

June 19, 2023 1758 Views 0 comment Print

CESTAT Chandigarh held that Chartered Accountant certificate was provided for quantification of tax, however, the said certificate was not discussed. It is settled law that certificates given by Experts in the respective fields cannot be ignored without cogent reasons.

Contract involving supply of material and labour is a ‘Works Contract Service’

June 15, 2023 2247 Views 0 comment Print

CESTAT held that contract involving both supply of material and labour is a ‘Works Contract Service’ which was not taxable prior to June 1, 2007.

CESTAT Overturns Dismissal due to Lack of Delivery Evidence

June 15, 2023 303 Views 0 comment Print

CESTAT Chandigarh overturns dismissal of Johnsons Controls-Hitachi’s appeal by Commissioner of CGST on limitation grounds, citing lack of evidence for order passed and served date being the same.

Re-classification from Construction Service to Works Contract Service justified

June 13, 2023 864 Views 0 comment Print

CESTAT Chandigarh held that re-classification from ‘Commercial or Industrial Construction Services’ to ‘works contract service’ justified as contract and VAT registration proves that contract is work contract service.

Courier Agency, Exhibition, Insurance & Internet Services qualifies for Cenvat credit

June 8, 2023 336 Views 0 comment Print

CESTAT held that services such as Courier Agency, Exhibition, Insurance, Internet fall under Input Service, thus qualifies for Cenvat credit

100% Penalty Not Imposable if Duty, Interest & 25% Penalty Already Paid

June 3, 2023 2571 Views 0 comment Print

Explore the Network vs. Commissioner of Central Excise case – CESTAT Chandigarh ruling on penalty, service tax, and Section 80 benefits. Full analysis and order details.

CESTAT allows deduction on account of Octroi and Additional Sales Tax

May 31, 2023 243 Views 0 comment Print

In a significant ruling, CESTAT Chandigarh affirms deductions for Octroi and Additional Sales Tax in Fresenius Kabi Oncology case, emphasizing clarity in show cause notices.

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