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Extended service tax demand gets applicable only when there is deliberate mis-statement/ suppression of facts

Case Name : Principal Commissioner Vs Emaar MGF Land Ltd (Delhi High Court)
Appeal Number : SERTA 7/2022 and CM Nos. 20068/2022, 2956/2023 & 5187/2023
Date of Judgement/Order : 15/02/2023
Related Assessment Year :
Courts : All High Courts (14151) Delhi High Court (3416)
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No Service Tax can be levied on take-away/parcel food from restaurants

Case Name : Haldiram Marketing Pvt. Ltd. Vs Commissioner, Central Goods and Service Tax (CESTAT Delhi)
Appeal Number : Service Tax Appeal No. 51555 of 2022
Date of Judgement/Order : 13/02/2023
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Delhi (916)
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Denial of refund treating service as not export service unjustified as service tax not demanded on output service by denying export status

Case Name : Idex India Pvt. Ltd. Vs Commissioner of CGST (CESTAT Mumbai)
Appeal Number : Service Tax Appeal No. 86812 of 2019
Date of Judgement/Order : 09/02/2023
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Mumbai (510)
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Value of free supply not includible in gross amount charged for levy of service tax

Case Name : Deep Construction Company Vs C.C.E. & S.T. (CESTAT Ahmedabad)
Appeal Number : Service Tax Appeal No.12257 of 2013
Date of Judgement/Order : 08/02/2023
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Ahmedabad (818)
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Declarant subjected to audit as on 30th June 2019 is ineligible to avail benefit of SVLDR Scheme

Case Name : Mindset Estate Pvt. Ltd. Vs Union of India (Bombay High Court)
Appeal Number : Writ Petition No. 3964 of 2021
Date of Judgement/Order : 24/01/2023
Related Assessment Year :
Courts : All High Courts (14151) Bombay High Court (1904)
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Department not allowed to take different stand as principles laid down in previous case already accepted

Case Name : Aircel Limited Vs The Commissioner of Central Excise and Service Tax (CESTAT Chennai)
Appeal Number : Service Tax Appeal No. 267 of 2011
Date of Judgement/Order : 09/02/2023
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Chennai (649)
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Service tax not payable on additional incentive received by dealer for meeting certain targets

Case Name : Veer Prabhu Marketing Ltd. Vs Commissioner of Central Excise (CESTAT Delhi)
Appeal Number : Service Tax Appeal No. 53434 of 2015
Date of Judgement/Order : 06/02/2023
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Delhi (916)
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HC grants relief in SVLDRS Scheme 2019 & directs to issue SVLDRS-4 & refund the amount

Case Name : Millenium Construction and Ors. Vs Designated Committee (Calcutta High Court)
Appeal Number : WPA 3120 of 2022
Date of Judgement/Order : 08/02/2023
Related Assessment Year :
Courts : All High Courts (14151) Calcutta High Court (858)
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10% redemption fine & 5% penalty of value of goods is appropriate in case of imports violating Exim Policy Provisions

Case Name : Commissioner of Customs (Port) Vs Ojas International (CESTAT Kolkata)
Appeal Number : Customs Appeal No.78049 of 2018
Date of Judgement/Order : 02/02/2023
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Kolkata (372)
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Interest eligible if service tax refund is not sanctioned within three months from filing date

Case Name : Bombardier Transportation India Pvt Ltd Vs C.C.E. & S.T Vadodara II (CESTAT Ahmedabad)
Appeal Number : Service Tax Appeal No. 10840 of 2022
Date of Judgement/Order : 01/02/2023
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Ahmedabad (818)
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