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CESTAT Mumbai

No Service Tax on Sale of Prospectus not as its not a Part of Commercial Training or Coaching Services

April 29, 2018 1182 Views 0 comment Print

Prospectus is only for the purpose of screening of students by way of Admission Screening Examination and is not a part of the services. The student only by filling of prospectus does not become entitled to get coaching from the Appellant.

No Penalty on CHA for Unknowingly attempting to clear prohibited goods

April 26, 2018 2280 Views 0 comment Print

These appeals are directed against Order-in-original passed by the Commissioner of Customs, New Custom House, whereby Ld. Commissioner imposed penalty of Rs. 2 lacs under Section 114(i) of Customs Act, 1962 on CHA, M/s. Daroowala Brothers and Company and also imposed penalty of Rs. 1.5 lacs on Shri. Pervez Irani.

Demand under Rule 14 cannot be made on ISD if he does not avail cenvat credit

April 20, 2018 3501 Views 0 comment Print

Kansai Nerolac Paints Ltd. Vs Commissioner of GST, Mumbai Central (CESTAT Mumbai) In this case  demand was raised from the input service distributor who has distributed the service credit to their respective factory on the ground that the input service viz. air travel agent service, is not admissible as the service related to business activity […]

Penalty under excise rule 26 can be imposed only on natural individual person

April 20, 2018 7005 Views 0 comment Print

Penalty under Rule 26 can be imposed only on the natural individual person and not on the artificial person or company because the goods is handled by natural living person and not by an artificial entity.

Excise duty not leviable on Contract of Erection and Commissioning of Boiler

April 17, 2018 1650 Views 0 comment Print

Brief facts of the case are that the Appellant M/s S.S. Engineers are engaged in the sale of own manufactured goods and also engaged in trading of bought out items which are used in erection, installation and commissioning of Sugar Plant and other goods falling under chapter 84 of the First schedule to the Central Excise Tariff Act, 1985.

No service tax leviable on security services provided by police to Banks or for Cricket Matches

April 13, 2018 2685 Views 0 comment Print

Fees collected by the police department is in the nature of fee prescribed for performing statutory function, which has been deposited into the Govt. treasury. In the light of the C.B.E. & C. ‘s circular also, there can be no levy of service tax on such activities carried out by the police department.

Hospital Construction for Charitable Trust is not a Commercial or Industrial Construction

April 13, 2018 6807 Views 0 comment Print

Shri S.S. Gupta, Learned Chartered Accountant, appeared on behalf of the appellant submits that the construction of hospital building does not fall under the ‘commercial or industrial construction service’ for the reason that the hospital building is not used for commerce or industry as the hospital in the present case is run by a charitable trust. For this reason also the charitable trust is not a business or commerce hence the construction thereof does not fall within the definition of commercial or industrial construction service

Input service credit not allowable on Insurance of family members of the employees

April 4, 2018 1050 Views 0 comment Print

The input service credit on insurance is denied on the ground that these insurance has been taken for the family members of the employees which is in nature of perquisites. I do agree with the finding of the lower appellate authority as the insurance of family members of the employees has no concern with the business of manufacturing of the appellant.

Mere Affixation of Brand on Tools by Embossing/Engraving not Amounts to Manufacture

April 3, 2018 852 Views 0 comment Print

Arihant Udyog Vs Arihant Udyog (CESTAT Mumbai) As per the activity the appellant is only carrying out affixation of brand on the tools i.e. spanner by embossing/ engraving. This process alone does not amount to manufacture. As regards other processes which are carried out by the job workers, it prima facie appears that the independent […]

No Service tax on Brand Promotion Fee before 01.07.2010

November 10, 2017 786 Views 0 comment Print

The Brand promotion fee was not taxable until Negative list came into effect from 01.07.2010 and hence there cannot be any liability upon the Respondent till that period.

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