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CESTAT Chennai

Department cannot force Assessee to Reverse Credit Merely for non-Intimation made under rule 6 of CCR

November 3, 2020 1314 Views 0 comment Print

The issue under consideration is whether department cannot force upon the assessee to reverse credit under Rule 6(3)(i) merely for the reason that no intimation under Rule 6 of CCR?

ST refund of tax paid on advance for which service not rendered due to merger cannot be denied

September 13, 2020 2073 Views 0 comment Print

Lancor Holdings Limited Vs The Commissioner of G.S.T. and Central Excise (CESTAT Chennai) There is no dispute as to the eligibility or otherwise for refund except the claim being rejected as barred by limitation. There is also no dispute that both the service provider and the service recipient having merged into a single entity, there […]

Service Tax Refund rejection based on Principles of Unjust Enrichment justified

September 8, 2020 3354 Views 0 comment Print

The issue under consideration is regarding rejection of claim for refund of the service tax under Section 11B.

No Service on Transfer of goods by hiring vessel

July 3, 2020 1677 Views 0 comment Print

The issue under consideration is whether the transfer of goods is by way of hiring the charter vessel is taxable under  Service Tax as declared service?

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

June 8, 2020 11091 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 2352 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 3315 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 861 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 2745 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 2328 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

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