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CESTAT Delhi

Media Monitoring Services cannot be taxed as Business Auxiliary Service

February 21, 2018 570 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 1569 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 5025 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 3513 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 1032 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 1638 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 1140 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 2142 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.

Construction in pursuance of composite works contracts not liable to be taxed prior to 01.06.2007

February 5, 2018 1917 Views 1 comment Print

The appeal by the Revenue is against order dated 27.04.2012 of Commissioner of Service Tax, New Delhi. By the said order, he original authority dropped the entire demand of Service Tax of Rs.93,01,154/-covering the period 2006-07 to 2008-09 with reference to construction project of Delhi Haat in INA and Pitampura .

Benefit of Composition Scheme can’t be denied for procedural deficiency

February 5, 2018 927 Views 0 comment Print

While hearing the case of Bridge & Roof Company Limited vs. CCE, Delhi bench of the Customs Excise & Service Tax Appellate Tribunal held that the benefit of the composition scheme cannot be denied to an assessee who has entered into contracts prior to 1.07.2007.

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