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CESTAT Delhi

Extended period cannot be invoked in case of revenue neutral situation

October 2, 2020 2937 Views 0 comment Print

Star Alloys & Chemicals Pvt. Ltd. Vs. CCE & ST (CESTAT Delhi) CESTAT has held that in the case of GTA service, CENVAT credit is available, therefore extended period cannot be invoked. Learned Advocate submits that whatever service tax was payable by them on the said GTA services, the same was available as a credit […]

No Service Tax on Income from Screening of Movies for Annual Film Festival

October 1, 2020 3825 Views 0 comment Print

The issue under consideration is whether service tax is applicable on income received from screening of movies for the annual film festival?

Declared import value cannot be rejected without passing speaking order

September 14, 2020 1677 Views 0 comment Print

Commissioner of Customs Vs. Artex Textile Private Limited (CESTAT Delhi) we find that assessing officer have been making enhancement in a routine manner and the respondent who are regular importers are left with no choice but to sign on the dotted line for taking delivery of their goods to carry on their business, and also […]

CESTAT Allowed Refund alongwith Interest against Service Tax Paid for Services Received in SEZ

September 10, 2020 1467 Views 0 comment Print

The issue under consideration is regarding rejection of refund claimed by the appellant being service tax paid for the services received in the SEZ.

Disputed CENVAT Credit paid during Service Tax Regime can be claimed as cash refund

September 1, 2020 1353 Views 0 comment Print

Kaizen Organics Pvt. Ltd. Vs. Commissioner of Central Goods & Service Tax (CESTAT Delhi) I find that the allegations in the show cause notice of taking irregular cenvat credit is based on a communication dated 30.02.2012 received from the Additional Commissioner, Customs & Central Excise, J & K, Jammu, stating that the several units in […]

No ST under RCM levied on Indian bank acting as a mediator between Exporter & Foreign Banker

August 5, 2020 3534 Views 0 comment Print

whether service tax can be levied on reverse charge mechanism basis on an Indian bank acting as a mediator between an Indian exporter and the foreign banker representing foreign importer?

No ST on Reimbursement of expenses on behalf of service recipients

July 14, 2020 8973 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 1209 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 1578 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 2256 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.

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