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CESTAT Chandigarh

Interest on delay of Service Tax Refund must be payable from date of deposit till date of payment

May 31, 2023 3531 Views 0 comment Print

Assessee was entitled to claim interest on delayed refund must be payable from the date of deposit till the date of payment.

Construction and other services necessary for renting of business eligible for CENVAT

May 30, 2023 567 Views 0 comment Print

CESTAT Chandigarh held that construction services and other services which are necessary for the renting of the business falls in the definition of ‘input service’ as provided under Rule 2(l) of Cenvat Credit Rules, 2004.

CENVAT credit on input services utilized for trading activity is not allowable

May 29, 2023 1179 Views 0 comment Print

CESTAT Chandigarh held that before 01.04.2011 it was not open to the appellants to avail CENVAT credit paid on input services and utilized for provision of exempted services or trading goods.

Revocation of Customs Broker License sustained as violation of CBLR proved

May 21, 2023 1710 Views 0 comment Print

CESTAT Chandigarh held that allegation of violation of regulation 10(b), 10(d) and 10(n) of Customs Broker Licensing Regulation, 2018 (CBLR) proved against the appellant. Accordingly, customs broker license duly revocable.

CENVAT Credit on free warranty service provided via dealer duly available to manufacturer

May 17, 2023 579 Views 0 comment Print

CESTAT Chandigarh held that CENVAT Credit on warranty service provided free of cost during the warranty period through third parties dealer cannot be denied to the manufacturer.

CESTAT allows Abatement in Construction Contract based on CA Certificate

May 13, 2023 330 Views 0 comment Print

Certificates issued by the Chartered Accountant and Chartered Engineer, go on to establish the fact of use of material in the work executed by the appellants. Therefore, we are of the considered opinion that the contract was not simplicitior but was a composite contract. Therefore, we find that the appellants are entitled for the abatement of 67% of the value as claimed by them. 

Hotel not liable to pay service tax on complementary services of conference hall

May 8, 2023 873 Views 0 comment Print

No service tax on Mandap Keeper Service in respect of corporate booking of rooms where conference hall is provided as a complementary service.

Penalty u/s 114A of Customs Act not imposable in absence of any duty demand

May 6, 2023 2484 Views 0 comment Print

CESTAT Chandigarh held that penalty under section 114A of the Customs Act, 1962 not imposable in absence of any duty demand. Penalty u/s 114A is invariably linked to the quantum of duty evaded.

If calculation basis is wrong than is no way, such figures & calculation can be upheld

May 5, 2023 501 Views 0 comment Print

When the very basis of the calculation is wrong, we find that there is no way, such figures and calculation can be upheld.

Area-based exemption available based on substitution undertaken vide notification 34/2005 dated 30.09.2005

May 4, 2023 852 Views 0 comment Print

CESTAT Chandigarh held that area-based exemption vide notification No. 50/2003 dated 10.06.2003 is available as per substitution in the said notification vide notification no. 34/2005 dated 30.09.2005.

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