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CESTAT Delhi

Service Tax Demand cannot be raised in category for which SCN was not issued

February 10, 2021 4893 Views 0 comment Print

Commissioner was not justified in confirming the demand of service tax under the category of ‘works contract’ for the period post June 1, 2007 even if the levy of service tax was not exempted under Notifications, since, the show cause notice that demand it service tax under the three categories namely (i) commercial or industrial construction, (ii) construction of complex and (iii) management, maintenance or repair.

Rejection of Service Tax refund Valid if not applied online within due date

February 9, 2021 1980 Views 0 comment Print

The Application for refund of service tax has to be made within the period stipulated in sub-section (3) of section 102 of the Finance Act.

Cost of material supplied free of cost not includible in value of mining services

February 1, 2021 2289 Views 0 comment Print

The issue involved in this appeal is as to whether the value of items supplied free of cost by service recipient to the appellant have to be included in the value of mining services provided by the appellant.

CENVAT credit on reinsurance services for insuring business risks allowable

January 28, 2021 984 Views 0 comment Print

In the instant case, the reinsurance services availed by the Appellant are for insuring its business risks and not in respect of any particular motor vehicle. Reinsurance, by its nature, pertains to the insurance of business of the Appellant.

Release Seized Gold on Concessional Duty payment: CESTAT

January 19, 2021 4053 Views 0 comment Print

Asalam Khan Vs Commissioner of Central Excise & Customs (CESTAT Delhi) Appellant had brought a small quantity of 233.00 gms. of gold in the shape of 20 disc (about 11.66 gm. per disc) for personal use. Further, I find that there is no commercial quantity either of gold or cigarettes. Further I find that the […]

IGST Exemption available on re-import of repaired parts or aircraft

January 15, 2021 3450 Views 0 comment Print

Assessee was justified in claiming exemption of integrated tax under the General Exemption Notification No. 45/2017 dated June 30, 20173, as amended by Corrigendum Notification dated July 22, 2017 on re-import of repaired parts/ aircrafts into India during the period from August, 2017 to March, 2019

No service tax on bundled services related to transmission & distribution of electricity

January 14, 2021 5949 Views 0 comment Print

All the services related to transmission and distribution of electricity were bundled services, as contemplated under section 66F(3) of the Finance Act, and were required to be treated as a provision of a single service of transmission and distribution of electricity, which service was exempted from payment of service tax. Thus, it was not possible to sustain the levy of service tax on the amount collected by assessee for late payment surcharge, meter rent and supervision charges.

Exemption on payment of IGST on re-import of repaired parts/aircrafts into India

January 12, 2021 660 Views 0 comment Print

Assessee was justified in claiming exemption from payment of integrated tax under the Exemption Notification on re-import of repaired parts/ aircrafts into India during the period commencing August 2017 to March 2019.

CESTAT set aside service tax demand on Liquidated Damages/EMD Forfeiture etc.

December 22, 2020 8079 Views 0 comment Print

South Eastern Coalfields Ltd. Vs Commissioner of Central Excise and Service Tax (CESTAT Delhi) The Principal Bench of Hon’ble CESTAT set aside the Service Tax demand of Rs. 32.76 Crores approx., plus equal penalty and applicable interest, on the amount of Liquidated Damages / Forfeiture of EMD / Penalty recovered from the various contractors & […]

Honda Cars not liable to Service Tax on amount retained after cancellation

December 22, 2020 1071 Views 0 comment Print

Honda Cars India Ltd. Vs The Commissioner, Central Excise and Service Tax (CESTAT Delhi) The charge leveled against the appellant, in the show cause notice, that JPY 130,000,000/- was paid towards the first installment mentioned in the Technical Agreement/ Model Agreement amounting to JPY 400,000,000/- is factually incorrect. As noticed above, JPY 130,000,000/- was paid […]

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