Follow Us:

CESTAT Mumbai

Companies can avail Cenvat Credit on CSR Expenses

August 31, 2018 5250 Views 0 comment Print

Essel Propack Ltd. Vs Commissioner of CGST, Bhiwandi (CESTAT Mumbai) To pin point the dispute, it is now to be looked into as to if CSR can be considered as input service and be included within the  definition of “activities relating to business” and if in so doing, a company’s image before corporate world is […]

No Service Tax on Surrender Charges on ULIP

July 14, 2018 1998 Views 0 comment Print

We are of the view that the ULIP surrender charges are not part of taxable service of management of funds. Rather it is in the nature of penalty or liquidated damages which is not a service and hence cannot be made liable for tax during the period involved .

Cenvat Credit eligible on CA Service for preparation of review petition before anti-dumping authorities

July 9, 2018 792 Views 0 comment Print

M/s. Venus Wire Industries Pvt. Ltd. Vs Commissioner of Central Excise & Service Tax (CESTAT Mumbai) In this case, the U.S. Department of Commerce and European Commission issued notices to the assessee for levying anti-dumping duty on the goods exported by it. For the purpose of effective participation before the anti-dumping authorities, the appellant had […]

Renting of Immovable Property: Service tax not Leviable on One-Time Non-Refundable Deposit

June 23, 2018 1875 Views 0 comment Print

Kagal Nagar Parishad Vs Commissioner of Central Excise (CESTAT Mumbai) Revenue sought to tax the one time premium deposit, which is not refundable under the head of renting of immovable property service considering the same as rent. We find that there is a separate charge for the rent, which alone is taxable, the onetime premium […]

Penalty & confiscation of Gun merely for import by a non-renowned shooter is irregular

June 15, 2018 7344 Views 0 comment Print

Confiscation of freely importable air gun of 0.177 by shooter on the ground that he was not a renowned shooter is irregular as the same is not in conformity with rules prescribed for such imports.

No Service Tax on training and coaching in various foreign languages

June 8, 2018 4293 Views 0 comment Print

Commissioner of Central Excise Vs Consistent Software Technologies (I) Pvt. Ltd. (CESTAT Mumbai) In the present case the respondent is engaged in imparting the training and coaching in various foreign languages i.e. French, German, Japanese, Spanish etc. which they claimed as a vocational training and covered under Notification No.9/2003-ST and 24/2004-ST. The very identical issue […]

Renting of Truck not amounts to Supply of Tangible Goods Service

May 31, 2018 12762 Views 0 comment Print

Revenue has demanded the Service Tax on the renting of trucks under the head of Supply of Tangible Goods Service. As per the facts of the case which is not in dispute, we note that the appellant have given the trucks to the lessees on monthly rental charges. The appellant did not provide any facility such as driver, repair and maintenance, fuel etc. Once the truck is rented out the entire possession and control is of the lessees and during the renting period there is no interference of the appellant.

Contracts awarded by MMRDA do not qualify for exemption under N/No. 21/2002-Cus.

May 18, 2018 1650 Views 0 comment Print

Learned AR argued that Commissioner (Appeals) has wrongly interpreted Notification No. 21/2002 by construing that Mumbai Metropolitan Regional Development Authority (MMRDA) is a road construction corporation under the control of the State Government.

In absence of online database access no Service Tax under the head OIDAR Services

May 7, 2018 1407 Views 0 comment Print

It has been argued that they are using service of M/s Dialogue Corporation, USA for the purpose of data storage. It has been argued that the said service provider does not provide online services and there is no online service provider. In absence of online database access, no Service Tax can be demanded under the head of Online Database Access and Retrieval Service.

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

April 29, 2018 1446 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.

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031