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CESTAT Chennai

Refund under Notification No. 41/2012-S.T.: CESTAT Orders Re-adjudication

October 19, 2023 267 Views 0 comment Print

CESTAT Chennai directs re-adjudication in eShakti.com’s case concerning eligibility for refund/rebate under Notification No. 41/2012-S.T. Detailed analysis and implications.

Section 78 Service Tax Penalty inapplicable to Retrospective amendments

October 19, 2023 519 Views 0 comment Print

Dive into the CESTAT Chennai case of S. Thiagarajan vs. Commissioner of G.S.T. & Central Excise. Explore how the penalty under Section 78 cannot be sustained on a tax demand with retrospective amendments.

Capital Goods in Marine Terminal Facility Area Eligible for CENVAT Credit: CESTAT

October 19, 2023 429 Views 0 comment Print

Explore the CESTAT Chennai order in the case of Chemplast Sanmar Ltd. vs. Commissioner of GST & Central Excise regarding CENVAT credit on capital goods in a Marine Terminal Facility (MTF).

Duty demand unsustainable as activity of fitting power lens into frames doesn’t amount to manufacture

October 14, 2023 285 Views 0 comment Print

CESTAT Chennai held that the activity of fitting the power lens into the frames is merely results in assembly and hence the same doesn’t amount to manufacture. Accordingly, duty demand unsustainable in law.

Land reclamation and soil stabilization provided in course of construction of port is exempt from service tax

October 9, 2023 252 Views 0 comment Print

CESTAT Chennai held that amount received for land reclamation and soil stabilization in the nature of site formation service provided in the course of construction of port is exempt from service tax vide notification 17/2005-ST dated 07.06.2005.

Demand of 5%/6%/10% on value of exempted clearances unwarranted as proportionate credit reversed

October 6, 2023 468 Views 0 comment Print

CESTAT Chennai held that the demand for paying an amount of 5% /10% /6% on the value of exempted clearances unwarranted when the appellant has reversed the proportionate credit of inputs used in manufacture of exempted products.

Religious body providing renting of immovable property liable to service tax only from 01.07.2012

October 4, 2023 477 Views 0 comment Print

CESTAT Chennai held that appellant being religious body is liable to pay service tax for renting of immovable property only from 01.07.2012 and not before that date.

Imposition of redemption fine and penalties unwarranted when goods are exported after re-processing

October 4, 2023 375 Views 0 comment Print

CESTAT Chennai held that imposition of redemption fine and penalties when goods were provisionally released, reprocessed and exported after re-processing is unjustified and hence liable to be set aside.

Amount of damages received for tolerating breach of contract not leviable to service tax

October 4, 2023 546 Views 0 comment Print

CESTAT Chennai held that the amount of damages received for tolerating the breach of contract by contractors and sub-contractors is not consideration. Any amount, which is not a consideration for provision of service, cannot be subjected to service tax.

Demand of Service Tax on liquidated damages not justified: CESTAT Chennai

October 4, 2023 600 Views 0 comment Print

CESTAT Chennai’s order in the case of Bharat Heavy Electricals Limited (BHEL) rules that liquidated damages are not liable to service tax. Explore the detailed analysis.

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