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CESTAT Delhi

No Service tax on construction of Era business school & hostel for NIT Calicut

February 25, 2018 1404 Views 0 comment Print

Ld. Counsel for the appellant submits that the projects in question are not commercial in nature as Era Business School is an educational institution recognized by AICTE and awarding degrees/diploma recognized by law. It is his further submission that National Automative Testing Center is for testing the vehicles for homologation which is a statutory requirement as per motor vehicle rules for compliance by the manufacturer of automobiles.

Foreign language training service eligible for Service Tax exemption

February 24, 2018 2427 Views 0 comment Print

CESTAT Delhi held that imparting training in English, French, German, Spanish language by the appellant are entitled for exemption under notification No. 9/2003 ST dated 20.6.03 and notification No. 24/2004 dated 10.9.2004. Therefore the appellant is not liable to pay service tax.

Media Monitoring Services cannot be taxed as Business Auxiliary Service

February 21, 2018 543 Views 0 comment Print

CST Vs. M/s IPAN (CESTAT Delhi) The Revenue contends that various ‘media monitoring services’, arranging press conference, interviews, education workshop, contact programme, etc. will directly or indirectly have relationship to the enhancement of sales and promotion of the product/services of the client. We are not convinced with such reasoning proposed in the appeal. It is […]

Service tax leviable on Consideration for providing Common facilities under ‘renting of immovable property’

February 12, 2018 1503 Views 0 comment Print

The Delhi bench of the CESTAT, on Monday, held that service tax is payable on the amount received for providing Common facilities under the head renting of immovable property through the same was received under a separate agreement.

No Service Tax on Sale of Books and Materials to Franchise

February 12, 2018 4881 Views 0 comment Print

Notification No. 12/2003 provides for exemption of Service Tax for so much of the value of all taxable services, as it is equal to the value of goods and materials sold by the service provider to the recipient of service from the Service Tax leviable therein under Section 66 of the Act, subject to the condition that there is documentary proof specifically indicating the value of said goods and materials.

No Service tax exemption on Commercial property rented by Municipal Corporation

February 12, 2018 3447 Views 0 comment Print

Though the Municipal Corporation are created by an Act and are performing as a local Government, there is no bar in taxing their activities if the immovable property rented out by them is used in the course for furtherance of business or commerce.

No Service Tax liability on facility of selling CNG through Outlets of IGL by HP

February 12, 2018 966 Views 0 comment Print

A division bench of New Delhi CESTAT including Justice (Dr.) Satish Chandra, President and B. Ravichandran, Member (Technical) has said that amount received by Hindustan Petroleum Co. for giving facility of selling CNG through their Outlets is not subject to Service Tax.

Cenvat Credit available on service directly related to manufacturing activity

February 9, 2018 1617 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 1113 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 2106 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.

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