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CESTAT Mumbai

Doctrine of unjust enrichment not applies to advance service tax payment

June 24, 2023 648 Views 0 comment Print

Unravel the details of the CESTAT Mumbai case – Satyasai Human Resource Solutions Vs Commissioner of Service Tax. CESTAT grants refund on service tax advance paid in line with Rule 6 of Service Tax Rules.

Department cannot file Revise Application in terms of Section 35EE of excise

June 22, 2023 201 Views 0 comment Print

CESTAT Mumbai’s decision, clarifying role of Revenue in filing revise applications under Section 35EE of Excise Act, in the case of Mail Order Solutions (I) Ltd.

Cenvat Credit Rejection Requires Consideration of Evidences, Not Assumptions

June 21, 2023 255 Views 0 comment Print

Explore CESTAT Mumbai judgement in Astoria Agro & Allied Inds Pvt Ltd Vs Commissioner of CGST, underlining importance of evidence consideration in rejecting Cenvat Credit claims

Utilization of CENVAT Credit within same entity does not cause loss to Exchequer

June 21, 2023 447 Views 0 comment Print

CESTAT held that the utilization of credit by any unit within the same entity would not cause any loss to the Exchequer. This is because the credit disallowed to one unit is proportionally made available to the second unit. From a company’s perspective, the net credit availed and utilized remains unchanged.

Provision of service by commission agent to foreign principals is export of service

June 21, 2023 1566 Views 0 comment Print

CESTAT Mumbai held that services provided by appellant (Commission agent) to their foreign principals is ‘export of service’ as contemplated under rule 3 of the 2005 Export Rules.

Mere sending of Order by registered post not amounts to valid service

June 21, 2023 1131 Views 0 comment Print

CESTAT Mumbai in Metro Fashions vs Commissioner of Customs, held that mere sending of Order-in-Original by registered post was not deemed to be valid communication, impacting the limitation period for an appeal.

Refund of service tax allowed to real estate buyers on cancellation of contract

June 15, 2023 2073 Views 0 comment Print

CESTAT, Mumbai granted a refund claim for service tax to a real estate developer on behalf of an unregistered customer. The customer had paid the service tax along with an advance payment but, due to certain circumstances, the real estate purchase contract was subsequently cancelled.

Appeal filed is abated post approval of resolution plan by NCLT

June 15, 2023 1146 Views 0 comment Print

CESTAT Mumbai held that from the date of approval of the resolution plan by the NCLT, the appeal filed by the applicant has abated and CESTAT has become functus officio in the matters relating to this appeal

Demand unsustainable under Business Support Services in absence of outsourced services

June 14, 2023 729 Views 0 comment Print

CESTAT Mumbai held that as appellant had not outsourced services to the overseas entity, it cannot be said that services provided by overseas entity should be taxed under Business Support Service.

CESTAT quashes order as it lacked reasoning or findings to support its conclusion

June 3, 2023 1629 Views 0 comment Print

Analysis of CESTAT Mumbai case – Commissioner’s order lacking reasoning set aside, violating justice principles. Learn the details, issues, and the remand decision.

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