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CESTAT Mumbai

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

March 13, 2020 1437 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 2202 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 8112 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 1455 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 807 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 1314 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 2460 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 2289 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 5427 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 3258 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

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