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CESTAT Delhi

No ST on Reimbursement of expenses on behalf of service recipients

July 14, 2020 8772 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 1047 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 1437 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 1827 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 5475 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 3177 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 3720 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 […]

No service tax on Independent Buildings having single Residential Unit

March 13, 2020 17124 Views 0 comment Print

Service tax can be demanded under 65(105)(zzzh) only if the building concerned has more than 12 residential units in the building and such levy will not apply in cases where in one compound has many buildings, each having not more than 12 residential units.

VCES benefit cannot be denied for mere Clerical error

March 13, 2020 480 Views 0 comment Print

The issue in this appeal is whether the benefit of VCES-Voluntary Compliance encouragement Scheme, 2013 have been rightly denied to the appellant on the basis of clerical error in filing the declaration?

Recovery of Redemption fine from Sale Proceeds- CESTAT refers matter to Larger Bench

March 13, 2020 1581 Views 0 comment Print

Commissioner of Customs Vs Oriental Trimex Ltd. (CESTAT Delhi) If the confiscated goods allowed to redeemed on a redemption fine then the sale proceeds will be paid only after deduction of such fine In the given case the importer appellant is engaged in the business of import of marble from various countries into India and […]

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