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CESTAT Mumbai

Refund of unutilized Cenvat Credit admissible for export without payment of service tax

September 11, 2023 870 Views 0 comment Print

CESTAT Mumbai held that refund of unutilized Cenvat Credit of input services duly available even if there is export without payment of service tax.

Omission of registration number purposefully makes invoice inadmissible document

September 9, 2023 795 Views 0 comment Print

CESTAT Mumbai held that as registration numbers were purposefully omitted, accordingly, the genuineness of the invoices are doubtful, the invoices are categorized as inadmissible document.

Service tax payable on Corporate guarantee & credit protection guarantee service

September 8, 2023 1887 Views 0 comment Print

An analysis of Hindustan Construction vs. Commissioner of Service Tax case, covering service tax on corporate guarantees and credit protection fees.

CESTAT, Mumbai lambasts Revenue for not depicting correct factual position

September 4, 2023 585 Views 0 comment Print

CESTAT Mumbai dismisses Revenue’s application for review against DHL Lemuir Logistics, criticizes incorrect factual representation.

Service Tax Demand on Reimbursed Expenditure is beyond Section 67 & Unsustainable

August 25, 2023 1152 Views 0 comment Print

CESTAT Mumbai held that demand of service tax on reimbursement of expenditure by the ship owner goes beyond the mandate of Section 67 the Finance Act, 1994. Accordingly, demand of service tax confirmed u/r 5 doesn’t survive as rule 5 itself has been held to be ultra vires of section 67.

SCN solely based on difference between ST-3 & ITR cannot be sustained

August 21, 2023 8460 Views 0 comment Print

Analysis of CESTAT Mumbai case between CGST & CE and Modern Road Makers Pvt. Ltd., focusing on service tax demand based on ST-3 and ITR mismatch.

Service tax not leviable on penal interest and bounce charges

August 14, 2023 1878 Views 0 comment Print

CESTAT set aside impugned order and held that the assessee is not receiving penal interest and bouncing charges as a consideration for tolerating an act. Thus, service tax cannot be demanded.

Equipment on board cannot be treated as independent of barge without evidence

July 31, 2023 486 Views 0 comment Print

CESTAT Mumbai upheld the quashing of customs duty liability on the import of a barge, Aqua Float 300′, citing irregular value addition of equipment on board. The appeal focused on whether equipment should be charged separately, but the tribunal rejected the claim.

Service tax paid on services received from overseas service providers in foreign countries duly refundable

July 27, 2023 1785 Views 0 comment Print

CESTAT Mumbai held that service tax paid on services received from overseas service providers in foreign countries duly refundable as the same cannot be fastened with the liability of service tax as a ‘deemed service provider’ in India.

Refund granted to DICGC as premium paid by bank considered as inclusive of tax

July 26, 2023 972 Views 0 comment Print

CESTAT Mumbai allowed the refund claim filed by Deposit Insurance and Credit Guarantee Corporations (DICGC) by considering premium amount paid by bank as inclusive of tax.

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