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CESTAT Delhi

Cenvat Credit available on service directly related to manufacturing activity

February 9, 2018 1854 Views 0 comment Print

Air Travel Service : – The said service has been used by the Directors/employees of the appellant for business promotion i.e. for sale and purchase of their goods. Therefore, the said service is directly related to their manufacturing activity. In that circumstances, in terms of Rule 2(l) of Cenvat Credit Rules, 2004 on Air Travel Service, the appellant is availed Cenvat credit.

No excise on supply of various bought-out electrical items and accessories as BPL Kits

February 8, 2018 1293 Views 0 comment Print

Quashing the demand of excise duty on the activity of providing BPL Kits, the Delhi bench of the CESTAT observed that to levy central excise duty on any goods, the same should have been produced or manufactured in India.

Service recipient not liable to service tax on construction activities carried through contractors

February 8, 2018 2277 Views 0 comment Print

The CESTAT, Delhi bench has held that the Chhatisgarh Housing Board cannot be made liable for service tax for the construction activities carried through contractors.

Construction in pursuance of composite works contracts not liable to be taxed prior to 01.06.2007

February 5, 2018 2118 Views 1 comment Print

The appeal by the Revenue is against order dated 27.04.2012 of Commissioner of Service Tax, New Delhi. By the said order, he original authority dropped the entire demand of Service Tax of Rs.93,01,154/-covering the period 2006-07 to 2008-09 with reference to construction project of Delhi Haat in INA and Pitampura .

Benefit of Composition Scheme can’t be denied for procedural deficiency

February 5, 2018 1131 Views 0 comment Print

While hearing the case of Bridge & Roof Company Limited vs. CCE, Delhi bench of the Customs Excise & Service Tax Appellate Tribunal held that the benefit of the composition scheme cannot be denied to an assessee who has entered into contracts prior to 1.07.2007.

No Service Tax on degree Courses approved by IGNOU

January 31, 2018 1968 Views 0 comment Print

M/s. Rosalinds Mediretta Institutional Foundation Vs. CST (CESTAT Delhi) Post 2008, the appellants discontinued the course in collaboration with the Thames Valley University, UK. They have started a 3 year course of BA (Hons) in International Hospitality Administration approved by IGNOU, leading to an award of degree by IGNOU, which is, admittedly, a recognized open […]

No excise duty on fatty acids, Wax & gum emerging during manufacture of refined vegetable oil

January 30, 2018 2895 Views 0 comment Print

The Central Excise Division Bench of the Tribunal while considering the appeals Nos. 653/2012 and 3585/2012 filed by M/s Ricela Health Foods Ltd. and M/s J.V.L. Agro Industrial Ltd., noticing conflicting judgments of two coordinate benches on the same dispute

Service tax cannot be levied on documents processing charges received by Automobile Dealers

January 29, 2018 1257 Views 0 comment Print

The Delhi bench of the CESTAT, in M/s Marudhara Motors v. CCE, held that the documentation services provided by automobile dealers would not attract service tax as the same was not providing on behalf of the financial institutions or banks.

Delhi HC set-aside order Revoking Customs Broker License for mis-declaration in consignment

January 23, 2018 1038 Views 0 comment Print

M/s KVS Cargo Vs. Commissioner of Customs (Gen) (CESTAT Delhi) During the course of investigation, statements of both S/Shri Dinesh and Vinod Kumar have been recorded more than once. Both the persons have admitted the fact that Shri Vinod Kumar is the owner of the imported goods but Shri Dinesh was shown as proprietor of […]

Cleaning of railway coaches cannot be considered as cleaning of commercial premises

January 22, 2018 1980 Views 0 comment Print

The coaches are rolling stock of railways. They are for transport mode and cannot fall under the commercial object of industrial building, factory, plant or machinery, etc. The interpretation of the original authority is far fetched and not sustainable in view of the plain meaning of the statutory definition for tax entry.

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