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CESTAT Delhi

Service Tax on construction of women hostel for Ministry of WCD

July 23, 2018 2412 Views 0 comment Print

National Building Construction Corporation Ltd. Vs CST (CESTAT Delhi) Services of construction of women hostel for and on behalf of Ministry of Women and Child Development (WCD), Government of India and construction of Civil Services Offices Institute are not commercial in nature. In furtherance of the decision of Hon’ble Supreme Court in the case of […]

Service Tax payable on Consideration received under Vanprastha Ashram Scheme by Patanjali Trust

July 23, 2018 1197 Views 0 comment Print

M/s. Patanjali Yogpeeth Trust Vs C.C.E. (CESTAT Delhi) Now coming to the demand qua the donations received by the appellant under one of its Scheme called Vanprastha Ashram Scheme, it is held that under this scheme the appellant was leasing the accommodation to all those who are interested to visit the appellant premises till their […]

No Service Tax on Recovery of Cost incurred for VPN from Sub-Brokers

July 18, 2018 1572 Views 0 comment Print

The present appal is filed against the of Order-in-Original No. DEL-SVTAX-ADJ-COM-48-53-13-14 dated 31.03.2014 passed by the Commissioner of Service Tax (Adj.), New Delhi. The period of dispute is from 01.04.2007 to 31.03.2012. 2. Vide the impugned order, the Commissioner has adjudicated the demand raised in six show cause notices issued by various parties. The total service tax demand upheld vide the impugned order is Rs. 4,05,97,745/- alongwith interest and penalties. The following table indicates the demand of service tax made under the different services.

No Service Tax under GTA Services on transportation of Cars by Car dealer to Customers

June 29, 2018 1476 Views 0 comment Print

The appeals are directed against the Order in Original No. 20/2013 dated 11.03.2013 as well as Order-in-Original No.66/2013 dated 07.11.2013. The appellant is a dealer of M/s. Maruti Udyog Ltd. (in short hereinafter called as “MUL”) in respect of the cars manufactured by MUL

Discount extended by broadcasters cannot be included for charging service tax

June 19, 2018 966 Views 0 comment Print

15% discount extended by the broadcasters cannot be included for the purpose of charging service tax under the category of advertising agency from the clients.

Service Tax not leviable on Participation in promotion of brand name under BAS

June 18, 2018 993 Views 0 comment Print

Narmada Drinks Pvt. Ltd Vs C.C.E. & S.T. (CESTAT Delhi) It is well known that the bottlers receive concentrate from the brand owners such as M/s Coca Cola, manufacture aerated products there from and sell the same. Para 6.2 of the relevant show cause notice alleges that the amounts have been received from the brand […]

Cenvat credit allowable on Transportation of Samples by Courier

June 14, 2018 684 Views 0 comment Print

M/s Poddar Pigments Ltd. Vs CCE, Jaipur (CESTAT Delhi) Courier services stand utilised by the appellant for sending the samples to their prospective buyers and for procuring orders from them. Ld. Advocate also explains that they are not charging their buyers for the said samples, though duty is being paid by them on the deemed […]

Mere Removal of MRP Stickers not amounts to Manufacture to impose excise duty

June 13, 2018 2157 Views 0 comment Print

CCE & GST Vs M/s Amar Lal Bhawani (CESTAT Delhi) Admittedly, the provisions of Section 2(f)(iii) provides deemed manufacture definition only when the goods are labelled or relabelled or MRP is altered, which itself establishes the fact of a fixation of MRP on the goods. In the absence of any allegation of fixation or alteration […]

CESTAT on inclusion of value of cotton and waste, for determining entitlement for DTA clearance

June 7, 2018 576 Views 0 comment Print

The SCN dated 01.12.2006 had also proposed demand of duty on the cotton waste which stands cleared by the appellant in the DTA. The SCN also proposed including the value of such cotton waste for re-determining the DTA entitlement. But the adjudicating authority dropped the demand of duty on cotton waste. Against such finding, Revenue is in appeal before us.

Service Tax not leviable on Taxes/Toll collected-on behalf of Government

June 6, 2018 5409 Views 0 comment Print

The present appeal challenges the Order-in-Original No. 63/2013- 14 dated 02/09/2013 and covers the period of dispute April, 2007 to March, 2012. The appellant is engaged as a contractor on behalf of the Government Departments to collect sales tax, royalty and toll tax. The appellant participated in the bids floated by National Highways Authorities of India (NHAI)

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