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CESTAT Quashed Service tax demand on movie exhibitor under BSS category

  17 Nov 2021   0 comment
Hyderabad CESTAT held that service of providing exhibition of movies by the exhibitor to the producers/distributors of such movies is not a support or assistance activity but is an activity on its own accord, therefore does not fall under the category of Business Support Service (BSS) as per Section 73(1A) of the Finance Act, 1994 (the Fi...
Posted Under: Service Tax |

Limitation period for granting refund not applicable to refund of Custom duty paid in excess

  21 Oct 2021   0 comment
FCI OEN Connectors Vs Commissioner Of Central Tax & Central Excise (CESTAT Bengalore)
CESTAT held that when the customs duty is paid in excess, the department is liable to refund the same and the limitation provided under Section 27 of the Customs Act, 1962 will not be applicable....

Extended period of limitation can be invoked only when “suppression‟ or “collusion” is wilful with an intent to evade tax

  28 Sep 2021   0 comment
Extended period of limitation can be invoked only when ‘suppression’ or ‘collusion’ is wilful with an intent to evade tax In M/s. SOTC Travels Services Pvt Ltd. v. Principal Commissioner of Central Excise, Delhi-I [SERVICE TAX APPEAL No. 50046 of 2016 dated September 20, 2021] the current appeal has been filed chal...
Posted Under: Service Tax |

Demand of service tax on foreign remittance quashed by CESTAT

  28 Sep 2021   0 comment
The issue relate to demand of service tax on remittance towards services on which service tax was payable as per the Import Rules and has been paid by the Appellant but it has not been accepted by the Department....
Posted Under: Service Tax |

State of West Bengal & Ors. vs. Calcutta Club Limited (SC)

  03 Sep 2021   0 comment
State of West Bengal v. Calcutta Club was nothing but more than a milestone judgment achieved by the GST council. For interpreting this case we have used several tools like referring to the Golden rule, literal rule, internal & external aids of construction like referring the Preamble of the constitution, definitions, reading of the code...
Posted Under: Service Tax |

Refund of Service Tax was allowed with Interest allowed on export

  24 Aug 2021   0 comment
d. Held that the department has committed an error to reject the CENVAT Credit and there lies no power or jurisdiction with the lower authority to re-adjudicate the matter again. Refund Claims of the Appellant thereby allowed....
Posted Under: Service Tax |

No Service Tax on Restaurants for Take-Away Service

  23 Aug 2021   0 comment
Department issued orders to the assessees for not discharging service tax liability in relation to ‘take away/parcel services’ till June 2017. The assessee aggrieved from the impugned order of the Department preferred the writ petition before the Hon’ble Court....
Posted Under: Service Tax |

Providing loans to borrowers by the bank does not amount to service

  21 Aug 2021   0 comment
This implies that services by way of loan do come within the purview of supply, however, that has been considered as an 'exempted supply' in the Service Exemption Notification....
Posted Under: Service Tax |

LLPs not liable to pay service tax under RCM

  06 Aug 2021   0 comment
The Appellant contended that, being an LLP is not covered in definition of ‘body corporate’ and hence not liable to pay service tax under reverse charge mechanism (RCM), as applicable to a body corporate in terms of Notification No. 30/2012-ST dated June, 2012....
Posted Under: Service Tax |

Refund cannot be rejected on flimsy grounds

  29 Jul 2021   0 comment
Nupur Viniyog Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata)
Nupur Viniyog Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) M/s. Nupur Viniyog Private Limited (Appellant) filed refund of Service Tax paid on the taxable specified services for export of goods made under Bills of Export. Order-in-Original (OIO)- Sanctioned refund. Being aggrieved, Department filed appeal before Commis...
Posted Under: Service Tax |

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