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CESTAT Chennai

Building or part of land used for car parking is exempted for levy of service tax

August 20, 2023 1284 Views 0 comment Print

CESTAT Chennai held that a building or its part put up on land and which is used for car parking will get the benefit of the exclusion from levy of Service Tax under Section 65(105)(zzzz) of the Finance Act, 1994. Accordingly, refund claim allowed.

Site formation activity before sell of land is taxable under ‘Site formation and clearance service’

August 18, 2023 1125 Views 0 comment Print

CESTAT Chennai held that site formation activity done after obtaining General Power of Attorney (GPA) but before selling the land is leviable to service tax under the category of ‘Site formation and clearance service’.

Enhancement of assessable value without details of relied upon contemporaneous price unjustified

August 16, 2023 591 Views 0 comment Print

CESTAT Chennai held that enhancement of assessable value in absence of all the details the imports whose values have been relied upon as contemporaneous prices by the lower adjudicating authority is unsustainable as reasonability of the same cannot be decided.

Extended period invocable as intention to evade payment of tax established

August 16, 2023 645 Views 0 comment Print

CESTAT Chennai held that extended period of limitation rightly invoked as collection of service tax but withholding the same without remitting to appropriate Government account establishes intention to evade payment of tax.

Rejection of transaction value without providing details of contemporaneous import unsustainable

August 16, 2023 786 Views 0 comment Print

CESTAT Chennai held that rejection of transaction/ declared value of impugned goods on the basis of contemporaneous imports without providing details relating to contemporaneous imports of goods is unsustainable in law.

Violation of CBLR established but revocation of Customs Broker Licence set aside as it being too harsh punishment

August 16, 2023 711 Views 0 comment Print

CESTAT Chennai held that violation of the Customs Brokers Licensing Regulations (CBLR), 2013 though stands established, the revocation of Customs Broker Licence is set aside as business and the livelihood of not only the appellant, but also its employees is adversely affected because of the suspension and revocation of the licence.

No Service Tax on Commodity Auctioneer Commission Received by Co-op Society

August 15, 2023 204 Views 0 comment Print

Ruling on service tax demand under ‘Auctioneer’ Service on commission by a cooperative society in conducting action. Details on the CESTAT Chennai’s verdict.

Demand sustained as rendering of Broadcasting Service disguised under cover of uplinking service

August 14, 2023 339 Views 0 comment Print

CESTAT Chennai held that agreement entered that the appellant is providing uplinking service for ‘SS Music channel’ and ‘Sur Sangeeth Channel’ is only a sham document. Appellant has disguised the rendering of Broadcasting Service under cover of uplinking service. Hence, service tax demand invoking extended period of limitation sustained.

CESTAT: Bill Discounting services by Body Corporate Taxable

August 12, 2023 600 Views 0 comment Print

Analysis of Surin Automotive vs CESTAT Chennai case. CESTAT’s decision that bill discounting facility is taxable not only by banks but also by a body corporate.

Value of Imported goods cannot be enhanced without Speaking Order

August 11, 2023 318 Views 0 comment Print

CESTAT Chennai directs reconsideration of customs duty on imported aluminium powder by Metal Powder Company Ltd., citing lack of speaking order.

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