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CESTAT Chennai

No Service Tax on Loan Foreclosure charges collected by banks & NBFCs- CESTAT Larger Bench

June 8, 2020 10980 Views 0 comment Print

Foreclosure charges collected by the banks and non banking financial companies on premature termination of loans are not leviable to service tax under ‘banking and other financial services’ as defined under section 65 (12) of the Finance Act

In absence of ‘intent to conceal’ cannot be construed as smuggled: CESTAT

June 8, 2020 2175 Views 0 comment Print

CESTAT directs Customs Authorities to return confiscated gold to Foreign National- lack of evidence and flimsy investigation by the authorities. Held that in the absence of ‘intent to conceal’ cannot be construed as smuggled.

Refund of input Cenvat credit cannot be denied for mere non-registration of premises

February 20, 2020 3243 Views 0 comment Print

High Court of Judicature at Madras has held that the refund of input Cenvat credit cannot be denied just because premises was unregistered, in the case of Commissioner of GST & Central Excise, Chennai Vs. BNP Paribas Sundaram Global Securities, in CMA No. 57 of 2018 dated 18.01.2018. Therefore, the denial of refund for the reasons of a premises being un­registered cannot sustain and the same is set aside.

No service tax on interest earned by providing metal as loan

February 10, 2020 783 Views 0 comment Print

Indian Overseas Bank Vs Commissioner of Central Excise & ST (CESTAT Chennai) Revenue is of the opinion that only if the loan is in the form of Indian rupee and interest is earned on that, then alone under the provisions of Valuation Rules or Section 66D of Finance Act, 1994 interest is not to be […]

Profit from mere sale & purchase of cargo space is not taxable as Business Support Service

February 10, 2020 2622 Views 0 comment Print

The facts of the case are that appellants are engaged in the business as freight forwarders and provide worldwide containerised and conventional cargo transportation and logistics services. During audit of accounts, it was noticed that besides collecting various charges, such as documentation charges, examination charges, freight charges, appellants also collected amount towards purchasing of cargo space from shipping lines.

BCD on CCTV Cameras leviable at 15% and not at Nil rate

February 6, 2020 2247 Views 0 comment Print

The appellant filed a Bill-of-Entry No. 6280158 dated 07.05.2018 for the clearance of ‘Closed Circuit Television (CCTV) Cameras’ and since the goods were of Korean origin, the appellant, under the self-assessment scheme, assessed the same at ‘Nil’ rate of Basic Customs Duty (BCD) in terms of Notification No. 152/2009-Cus. (Sl. No. 833) dated 31. 12.2009

CESTAT on Refund of CVD & SAD – Paid to regularize import under Advance Authorization

February 5, 2020 4317 Views 0 comment Print

In this case, the Hon’ble Tribunal decided in favour of the Appellant with respect to availability of the Cenvat Credit. Once it is admitted fact that the Appellant was eligible to avail Cenvat Credit of the duties i.e., CVD and SAD, the Appellant is eligible to claim refund of the said Cenvat Credit in terms of Section 142(6) of the CGST Act, 2017.

No Service Tax on recovering back of Cheque dishonor charges

January 30, 2020 981 Views 0 comment Print

The appellant is providing financial services and gives loans. For recovery of loans, the appellant collects post-dated cheques. There are instances when post-dated cheques after being presented to bank get dishonoured. The bank collects charges for dishonouring of the cheques. Such charges are recovered by the appellant from their clients. It appeared to Revenue that such charges should be included in the assessable value for levy of service tax. Therefore, proceedings were initiated which culminated into passing of the impugned order.

Unit in Free Trade Warehousing zone exempt from service tax on export

January 30, 2020 8085 Views 0 comment Print

M/s Broekman Logistics India) Pvt Ltd. Vs Commissioner of GST & CE  (CESTAT Chennai) Appellant is authorized to carry out the operations by setting up a unit in the FTWZ zone. They have been rendering Storage and Warehousing services predominantly to foreign customers. On the charges collected for services rendered to Indian customers, the appellants […]

Classification of LCD panels & parts of LCD panels

January 15, 2020 4371 Views 0 comment Print

LCD panels are classifiable under CTH 9013 8010 and parts of LCD panels are classifiable under CTH 9013 9010. Denial of exemption benefit to the appellant as per amendment Notification No. 92/2017-Cus. dated 14.12.2017 was without any factual or legal basis.

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