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CESTAT Mumbai

No Service Tax on Octroi Collection in discharge of Sovereign Privilege

July 23, 2020 2436 Views 1 comment Print

The issue under consideration is whether the service tax is applicable to the collection of Octroi for entry of goods in the discharge of sovereign privilege?

CESTAT set aside demand on Mobilization advance which was not consistent with law

July 23, 2020 2469 Views 0 comment Print

Gammon India Ltd Vs CST (CESTAT Mumbai) The Mumbai CESTAT, in Gammon India Ltd Vs. CST held that demand on Mobilization advance is not consistent with law and deserves to be set aside. Proviso to Section 2(31) of the CGST Act 2017 provides that deposits shall not be considered as payment made unless the supplier applies […]

No Service Tax on Commission or Agency Fee remitted to entities for handling Vessels outside India

July 23, 2020 1518 Views 0 comment Print

The issue under consideration is whether the commission or agency fee remitted to entities for handling vessels outside India are exempt from service tax as per Section 78 of Finance Act, 1994?

Benefit of Basic Custom Duty exemption on import of ‘GoPro HERO5 Black’ Action Camera Allowed

July 17, 2020 3417 Views 0 comment Print

whether assessing officer is correct in rejecting the benefit of Basic Customs Duty exemption claimed by the appellant on the import of ‘GoPro HERO5 Black’ Action Camera?

Customs cannot deny benefit where licensing authority not taking any action – SFIS benefit available to golf carts

June 12, 2020 759 Views 0 comment Print

EIH Associated Hotels Ltd. Vs Commr. of Customs (E) (CESTAT Mumbai) After considering the submissions of both sides, we find that in the first round of litigation when the original authority confirmed the demand and confiscated the goods with a redemption fine of Rs.1,00,000/-, the appellant filed appeal before the Commissioner (Appeals) and the Commissioner […]

Service by NSDL to depository participants liable to Service Tax

June 8, 2020 9258 Views 0 comment Print

Services provided by NSDL to depository participants are aptly of ‘provision and transfer of information and data processing’, classifiable under (vii) of Banking and Financial Services as defined under Section 65(12) of Finance Act, 1994;

Broadcasting Agencies not liable to pay service tax on Additional Consideration Received as Surrogates under BAS

March 13, 2020 1416 Views 0 comment Print

The respondents are, or have been, ‘surrogate’ providers of `broadcasting’ service in India, taxable under section 65(105)(zk) of Finance Act, 1994 since 2001 (and, more especially, with retrospective effect of the amendment incorporated in 2002), in the hands of `broadcasting agency’ as defined in section 65(16) of Finance Act, 1994.

Distinction between government and non-government railways- Common parlance meaning should be adopted- CESTST

March 5, 2020 2124 Views 0 comment Print

NMC Industries Pvt Ltd Vs Commissioner of Service Tax (CESTAT Mumbai) We are unable to comprehend the resort to Railways Act, 1989 for a broader understanding of expression ‘railways’ in the absence of permissible referral in section 65(105)(zzzza) or (zzp), or, for that matter, anywhere in section 65, of Finance Act, 1994. In the absence […]

Cenvat Credit can be utilised for payment of Service Tax on reverse charge basis

March 4, 2020 8073 Views 0 comment Print

The issue to be decided is Whether the Appellant i.e. the service recipient could utilize Cenvat credit of Central Excise duty paid on inputs, for payment of service tax on services viz.Management, Maintenance or Repair, Copyright and Advertising, received by them from abroad, under reverse charge mechanism?

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

March 4, 2020 1422 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?

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