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CESTAT Chandigarh

Cestat referred issue of ST reverses charge on salary of seconded employee’s to Larger Bench

July 28, 2020 1749 Views 0 comment Print

M/s Canon India Pvt Ltd Vs Commissioner, Goods & Service Tax (CESTAT Chandigarh) The issue involved in the present case is in respect of levy of service tax on the amounts paid as salary to expats under the taxable category of Manpower Supply Services. With effect from 01.07.2012, the law as introduced by the way […]

No Service Tax on Membership Fees paid by Member to Club/Association

January 22, 2020 5403 Views 0 comment Print

The same issue has been dealt by the Honble Gujarat High Court in the case of Federation of Surat Textile Traders Association vs. UOI [2017 (52) STR 478 (Gujarat)] and in the case of Calcutta Club Limited (supra) wherein it has been held that the services provided by the assessee to its members is not liable to pay service tax.

Interest allowable from date of deposit to date of refund: CESTAT

January 7, 2020 8130 Views 0 comment Print

It was held that Appellant is entitled to interest for the period  from the date of deposit (deposit made during investigation) to till date of refund and also amounts deposited by way of pre deposit at the time of filing of Appeals,  shall be entitled to interest for the period from the date of  deposit to till the date of refund. 

Service Tax not payable on Interest Charged as Upfront Fee

May 22, 2019 2007 Views 0 comment Print

DLF Cyber City Developers Limited Vs CST (CESTAT Chandigarh) The sole issue is to be decided by us is that the Offshore Upfront Fee paid by the respondent is an interest or a fee. We find that if it is an interest then service tax is not payable by the appellant in terms of the […]

Cenvat Credit not reversible in absence of Physical removal of capital goods

April 4, 2019 1386 Views 0 comment Print

Cenvat held that appellant is not required to reverse Cenvat credit as the capital goods have not been physically removed from the premises where they were initially installed.

Leasing of work-wear – Maintenance not means retention of effective control

February 8, 2019 615 Views 0 comment Print

In the instant case, in terms of agreement work-wear rented out always remains within the exclusive possession of their clients and nobody else can use the those work-wear at the same time and hence effective control to lie with the user/ clients. The appellant, therefore, does not have control over the use of the work-wear. Thus the activity is not in the nature of service under the Finance Act in both during the period prior to negative list regime and thereafter.

CESTAT warns Commissioner (A) of penal action for not respecting its decision

November 2, 2018 1389 Views 0 comment Print

Commissioner (A) has not respected the order of this Tribunal required to be penalized. Therefore, the ld. Commissioner (A) is directed to take care in future to avoid any penal action from this Tribunal.

Service Tax exemption to Electrical Contractor under mega exemption Notification?

August 31, 2018 19122 Views 1 comment Print

Arvindra Electricals Vs Commissioner of Central Excise & ST (CESTAT Chandigarh) Whether Electrical Contractor is exempt from service Tax under mega exemption Notification No. 25/2012-ST issued dated 20.06.2012. Yes, In the case of M/s. Arvindra Electricals Vs Commissioner of Central Excise & ST, Chandigarh it has been decided that services provided by by electrical contractor […]

Service Tax refund cannot be denied for claim of drawback

March 21, 2017 777 Views 0 comment Print

Mittal International Vs CCE (CESTAT Chandigarh) Refund claim was denied on the ground that the said goods have been exported and drawback is allowed on the export of goods. The case of the Revenue is that as the appellants have claimed drawback on export of the goods, therefore, they are not entitled for refund claim […]

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