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CESTAT Chennai

Contract involving both service and transfer of property in goods is classifiable under works contract

September 29, 2023 468 Views 0 comment Print

CESTAT Chennai held that nature of service involving both service as well as transfer of property in goods/material is classifiable under ‘works contract. Hence re-classifying the same under erection, commission and installation is unsustainable in law.

Differential demand of service tax under composite works contract unsustainable as VAT paid on goods component

September 28, 2023 669 Views 0 comment Print

CESTAT Chennai held that where the value has already been split as per the state law and VAT has been paid on the goods component of the composite works contract, no service tax can be levied on such component again taking recourse to Rule 2A(ii) of Service Tax (Determination of Value) Rules, 2006.

Collection, Cleaning, Segregation & Stacking of Blasted Raw Magnesite is ‘Mining Services

September 22, 2023 318 Views 0 comment Print

CESTAT Chennai ruling on classifying magnesite collection as mining services. Analysis of KRSS Manpower Service vs. Commissioner of GST & Central Excise.

No Service tax exemption if conditions of exemption Notification not fulfilled

September 22, 2023 576 Views 0 comment Print

Read full text of CESTAT Chennai order in N.M. Zackriah & Co. vs. Commissioner of Service Tax, emphasizing need for strict compliance with exemption conditions

No Service Tax on GTA services When No Consignment Note Issued to Service Recipient

September 20, 2023 2502 Views 0 comment Print

CESTAT Chennai delivers relief to Vedanta Limited, ruling that no Service Tax is leviable when no consignment note is issued to the service recipient.

General expenses deductible while computing deductive value u/r 7 of CVR, 2007

September 19, 2023 342 Views 0 comment Print

CESTAT Chennai held that as per Rule 7 of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 (CVR, 2007), “general expenses” in connection with sales in India are to be deducted from the sale price of imported goods/ identical/similar imported goods while arriving at the deductive value of the goods.

Interest demand cannot sustain in absence of tax liability

September 19, 2023 888 Views 0 comment Print

CESTAT Chennai held that as there is no tax liability on the advance amount received by the appellant, demand of interest thereon unsustainable.

Excise Duty Exemption Granted upon Compliance with Notification Requirements

September 19, 2023 282 Views 0 comment Print

Analysis of Alstom T & D India Ltd. vs. Commissioner of GST & Central Excise case, exemption from excise duty, and CESTAT Chennai’s decision.

CESTAT Excludes Royalty or Technical Know-How Fees from Customs Duty Assessable Value

September 19, 2023 774 Views 0 comment Print

Analysis of the CESTAT Chennai ruling in Commissioner of Customs vs. GH Induction India Pvt. Ltd. regarding exclusion of royalty and technical know-how fees from assessable value for customs duty calculation.

No Service Tax on Mark-up for Domestic Travel: CESTAT Chennai

September 19, 2023 471 Views 0 comment Print

Analyze CESTAT Chennai order in Hi Tours Mamallapuram Private Limited vs. Commissioner of Service Tax, focusing on non-taxability of mark-up for booking domestic travel tickets.

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