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CESTAT Chennai

Penalty u/s 11AC unwarranted as Excise duty paid with interest

July 3, 2023 1074 Views 0 comment Print

CESTAT Chennai held that duty burden is shifted to the appellant unit only because facility under rule 12BB is opted. Also, penalty under section 11AC of the Central Excise Act, 1944 unwarranted when duty liability is paid with interest.

‘Squid Liver Powder’ is correctly classifiable under CTH 23099090

July 1, 2023 1080 Views 0 comment Print

CESTAT Chennai held that ‘Squid Liver Powder’ being a high-quality feed ingredient for aqua feed and all type diet for animals, the product which is not for exclusive use for fish, prawn etc. has been correctly classified under CTH 23099090.

Chick drinker, Auto feeder and Poultry cage are rightly classifiable under CETH 84361000

June 30, 2023 1338 Views 0 comment Print

CESTAT Chennai held that the Chick drinker, Auto feeder, and Poultry cage are rightly classifiable under CETH 84361000 and not under CETH 39269099.

Services performed on principal-to-principal basis not classifiable as intermediary service

June 30, 2023 2166 Views 0 comment Print

CESTAT Chennai held that as appellant is providing main service i.e. business support service on his own account and is not acting as an intermediary i.e. the services were performed by the appellant on a principal-to-principal basis and at arm’s length basis.

Renting of immovable property for hotel is excluded from the ambit of section 65(105)(zzzz)

June 30, 2023 2040 Views 0 comment Print

CESTAT Chennai held that renting of immovable property for a hotel is expressly excluded from the ambit of the taxable service in Section 65(105)(zzzz) of the Finance Act, 1994. Accordingly, demand not sustainable.

Fixed Facility Charges not being provision of supply of tangible goods is not leviable to service tax

June 29, 2023 681 Views 0 comment Print

CESTAT Chennai held that as fixed facility charges (FFC charges) are not in the nature of considered received for providing supply of tangible goods. Service tax is not payable on the same.

CESTAT Chennai Upholds decision on Central Excise Value of Copper Anode

June 27, 2023 750 Views 0 comment Print

A detailed analysis of CESTAT Chennai’s decision in the Sesa Sterlite Ltd Vs Commissioner of GST case, focusing on the finalized ad valorem value of copper anode under Central Excise Rules.

Service Tax exempt on Clearing & Forwarding Agency Services Rendered Outside India

June 26, 2023 756 Views 0 comment Print

Sundaram Industries Ltd wins appeal against imposition of service tax on clearing and forwarding agency services provided outside India as per a ruling by CESTAT Chennai.

Penalty not imposable in case of non-payment of service tax on bonafide doubt of taxability

June 26, 2023 1338 Views 0 comment Print

CESTAT Chennai held that imposition of penalty unsustainable as non-payment of service tax on renting of immovable property service was on account of confusions and litigations.

EOU eligible to avail exemption as per notification no. 10/1997-CE dated 1.03.1997

June 26, 2023 756 Views 0 comment Print

CESTAT Chennai held that benefit of exemption in terms of section 5A vide notification no. 10/1997-CE dated 1.03.1997 duly extended to EOU.

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