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CESTAT Chandigarh

Franchise Service Classification & Limitation & Bona Fide Doubt: CESTAT ruling

November 29, 2023 576 Views 0 comment Print

Explore the CESTAT Chandigarh’s decision favoring Liberty Group Marketing Division in quashing service tax demands related to ‘Franchise Service’ for footwear manufacturing and distribution. Dive into the analysis of the agreement, the definition of ‘Franchise,’ and the crucial issue of limitation. Get insights into the legal arguments, precedents, and the CESTAT’s conclusion on this noteworthy case.

No Sections 77 & 78 Penalties if No Intent to Evade Service Tax Payment

November 29, 2023 873 Views 0 comment Print

Learn CESTAT Chandigarh’s ruling on Passi Construction’s service tax, abatement & penalties with no intent to evade service tax payment. Analysis & implications.

Rule 9 of Central Excise Valuation Rules not applicable if Goods Sold to Both Related & Independent Buyers

November 26, 2023 1374 Views 0 comment Print

Jai Ba Metals Vs CCE (CESTAT Chandigarh) – Rule 9 will not be applicable When the goods are sold to related persons as well as to independent buyers 

Extended period not invocable as Service Tax was paid by Principal on behalf of agent

November 26, 2023 789 Views 0 comment Print

In case of Channel Management and Marketing vs. Commissioner of Central Excise, CESTAT Chandigarh asserts that extended period cannot be invoked as principal paid service tax on behalf of agent.

Disregarding Cost Accountant certificate without proving it to be blatantly wrong is unsustainable-in-law

November 18, 2023 1125 Views 0 comment Print

CESTAT Chandigarh held that Cost Accountant certificate certifying incidence of duty has not been passed on cannot be disregarded unless it is proved to be blatantly wrong.

No Service Tax on Passenger Service Fee & Airport Tax

November 12, 2023 963 Views 0 comment Print

CESTAT Chandigarh’s ruling in Lufthansa German Airlines vs. Commissioner of Service Tax clarifies that service tax doesn’t apply to passenger service fees & airport taxes.

No Service Tax on Bank Guarantee to Group Companies: CESTAT

November 12, 2023 528 Views 0 comment Print

The CESTAT Chandigarh rules that providing a bank guarantee to group companies does not attract service tax. Learn more about this decision.

Penalty cannot be imposed on EOUs for failure to achieve positive NFE

November 10, 2023 1266 Views 0 comment Print

CESTAT Chandigarh held that penalty u/s. 112 not imposable as goods are not held liable for confiscation. Further, penalty cannot be imposed on EOUs for failure to achieve positive NFE.

SSI Exemption Benefit Granted: Turnover Below 4 Lakhs in Relevant Financial Year

November 9, 2023 516 Views 0 comment Print

Demand of service tax for the period from 1st April 2003 to March 2005 was prima facie wrong because appellant had started rendering services to M/s IBP Co. Ltd. from 01.09.2005 as was clear from the agreement dated 01.09.2005 which had been accepted in the order-in-original.

Refund of service tax paid for export of goods duly allowable

November 7, 2023 675 Views 0 comment Print

CESTAT Chandigarh held that refund of service tax on CHA services; transportation of goods by Road services; port services paid for export of goods is duly allowable.

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