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CESTAT Delhi

CESTAT Allowed Refund alongwith Interest against Service Tax Paid for Services Received in SEZ

September 10, 2020 1236 Views 0 comment Print

The issue under consideration is regarding rejection of refund claimed by the appellant being service tax paid for the services received in the SEZ.

Disputed CENVAT Credit paid during Service Tax Regime can be claimed as cash refund

September 1, 2020 1122 Views 0 comment Print

Kaizen Organics Pvt. Ltd. Vs. Commissioner of Central Goods & Service Tax (CESTAT Delhi) I find that the allegations in the show cause notice of taking irregular cenvat credit is based on a communication dated 30.02.2012 received from the Additional Commissioner, Customs & Central Excise, J & K, Jammu, stating that the several units in […]

No ST under RCM levied on Indian bank acting as a mediator between Exporter & Foreign Banker

August 5, 2020 2997 Views 0 comment Print

whether service tax can be levied on reverse charge mechanism basis on an Indian bank acting as a mediator between an Indian exporter and the foreign banker representing foreign importer?

No ST on Reimbursement of expenses on behalf of service recipients

July 14, 2020 8700 Views 0 comment Print

The issue under consideration is whether expenses received as reimbursement of expenses made on behalf of service recipients can form part of the assessable value and service tax will be applicable on it?

No service Tax on Down linking of Signals as same not falls under Definition of Broadcasting

July 8, 2020 963 Views 0 comment Print

whether the charges paid for a service provided by Intelsat (situated outside India) to the Appellant covered under the head broadcasting service and tax in the hands of the Appellant under the reverse charge mechanism?

Excise Duty Recovery for Shortage of goods in Absence of Evidences not valid

July 1, 2020 1329 Views 0 comment Print

whether the Central Excise Officers are correct in levying duty on account of discrepancies in the records of the appellant and shortages in the stock of raw-material as well as finished goods?

Know How’ is not IPR and not liable to service tax

June 8, 2020 1779 Views 0 comment Print

Grant of exclusive right to assessee by Mauritius Revlon to use the ‘know how’ in any plant in accordance with the processes, specifications and recipes thereof in connection with the manufacture, marketing, sale  and distribution of Revlon  Products would not fall in the definition of “intellectual property right‟ so as to make it taxable under section 65(105) (zzr) of the Finance Act.

Higher discount justified if Goods imports in Bulk & maintain inventory by incurring Additional Cost

May 27, 2020 5385 Views 0 comment Print

Lutron GL Sales & Services Pvt. Ltd. Vs Commissioner of Customs (CESTAT Delhi) The issue under consideration is whether the percentage of enhancement to the transaction value ordered by the Deputy Commissioner of Customs is justified in law? In the present case, the appellant M/s Lutron GL Sales & Services Pvt. Limited imports lighting control […]

No demand of service tax could be fastened on construction of complex

March 13, 2020 3078 Views 0 comment Print

The definition of ‘construction of complex’ and a ‘residential complex’ continued to remain the same after 1 July, 2012 and, therefore, service tax liability could not have been fastened even after 1 July, 2012 under ‘construction of complex’.

Area based exemption under central excise available where new unit successor to previous unit and to adjacent units.

March 13, 2020 3615 Views 0 comment Print

Spring Dells Vs Commissioner of Central Goods & Service Tax (CESTAT Delhi) Conclusion: Assessee was entitled to the area-based exemption for the reason that it was admittedly the successor of the previous unit entitled to the exemption and all the units/sheds were located in one private industrial complex which could be said to be adjacent […]

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