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CESTAT Mumbai

Event Management & short term accommodation Service falls under inclusive definition of input service

March 4, 2020 1041 Views 1 comment Print

The issue under consideration is that whether Event Management Service, short term accommodation, storage and packing, Management, Maintenance & Repair, Business Auxiliary Service and Business Support Services these are considered as Input Service or not?

No service tax on sale of banking software to bank

February 26, 2020 648 Views 0 comment Print

Sale of banking software to a bank was ‘commercial exploitation’ merely because the bank deployed the software in its normal business activities was not correct in the absence of facts that establish otherwise or of any evidence that such was the transaction between assessee and the customers, therefore, demanding service tax on the same was not justified.

CESTAT: Milk crumb was marketable and liable for excise duty

February 25, 2020 1026 Views 0 comment Print

Milk crumb was marketable and hence assessee-cadbury was liable to pay excise duty for clearing goods without payment of duty as revenue neutrality could never be ground for not demanding the duty on the excisable goods in the form and manner they were being cleared by assessee. 

No Service Tax on Rent from bullock Carts with Tyres & without bullocks or driver used in Sugarcane Transportation

February 25, 2020 2085 Views 0 comment Print

The issue involved is whether the appellants are liable to pay Service Tax on the rent received by them for allowing the harvesting contractors to use the Appellant’s bullock carts with tyres without any bullocks or driver for transporting the sugarcane to the sugar factories?

Goods Transport Agency Services not eligible for Cenvat Credit

February 19, 2020 2109 Views 0 comment Print

The issues involved in this Appeal is whether GTA service is entitle as an input service in terms of Rule 2(l) of Cenvat Credit Rules, 2004 even after 1.4.2008 on FOR sales i.e. delivery upto the factory gate of the customers, which, according to Revenue, was beyond the place of removal?

Service Tax Exemption cannot be denied on canteen maintained by outdoor caterer

February 7, 2020 4524 Views 0 comment Print

Service Tax – Irrespective of the person who maintains canteen in a factory, exemption as per Entry 19A of 25/2012-ST is available to such person – Benefit cannot be whittled down by restricting it to factory owner alone: CESTAT

Application for Compounding of Offence can’t be rejected on Technical Grounds

February 6, 2020 2925 Views 0 comment Print

The purpose of compounding of offences against payment of compounding amount is to prevent litigation and encourage early settlement of dispute. In the guidelines issued vide Circular No. 15/10/2009 no prohibition has been imposed against deciding the application for compounding

Cenvat Credit eligible on renting of premises outside factory for marketing

February 3, 2020 1419 Views 0 comment Print

CESTAT Mumbai allows Cenvat Credit on renting immovable property for marketing and sales promotion. Pre and post-amendment period covered. Appeal allowed.

Event Management Service used for promoting brand value is Input Service

January 28, 2020 987 Views 0 comment Print

Issue under consideration is that whether the Appellants are entitled to avail CENVAT Credit on the input service viz. event management service?

Cenvat credit on Tour Operator Service used for pick-up & drop of employees

January 8, 2020 1209 Views 0 comment Print

The issue involved in the matter is whether the Cenvat credit of service tax paid on ‘Tour Operator Service’ used for pick-up and drop of employees of the Appellant to and fro Andheri and Kurla to their office premises is admissible as ‘input service’ under Rule 2(l) of Cenvat Credit Rules, 2004.

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