Cestat judgments articles

Refund of Service Tax was allowed with Interest allowed on export

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....

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Posted Under: Service Tax |

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

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....

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Posted Under: Service Tax |

Company entitled to refund of Cenvat credit lying in Cenvat credit account on closure of business

Nichiplast India Pvt. Ltd. v. Principal Commissioner CGST (CESTAT Delhi)

Appellant is entitled to refund of the amount of Cenvat Credit lying in their Cenvat Credit account on closure of business along with interest....

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CESTAT Bangalore confirms service tax demand on VCF trust

M/s. ICICI Econet Internet and Technology Fund Vs. Commissioner Of Central Tax (CESTAT Bangalore)

M/s. ICICI Econet Internet and Technology Fund Vs. Commissioner of Central Tax (CESTAT Bangalore) Any start-up needs huge financial support and presently this is being done by alternative investment funds (AIFs) or venture capital fund (VCFs). These funds are pooled investment vehicles with a certain set of contributors. In India, these f...

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Procedural delay in credit reversal not disentitles assessee from claiming refund

Chariot International Pvt. Ltd. Vs Commissioner of Central Tax (CESTAT Bengalore)

CESTAT set aside the order passed by the Commissioner (Appeals) disallowing the refund claims of the assessee on the ground that credit reversal in Form GSTR-3B pertains to GST credit and not CENVAT credit. Held that, procedural delay will not disentitle the assessee from claiming refund when credit had been reversed in Form GSTR-3B....

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There is No Provision of Service Between Partners & Partnership Firm

Cadila Healthcare Limited Vs C.S.T.-Service Tax (CESTAT Ahmedabad)

• In a partnership firm, partner‘s capital can be in the form of cash/asset. It can also be in the form of contribution of skill and labour alone without contribution in cash. The appellant is a partner performing some duties for which he has an expertise, skill in the marketing and distribution of the goods manufactured by partnershi...

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Liquidated Damage- No Service Tax on Penalty for Un-authorize Use of Electricity

Liquidated Damage- No Service Tax on Penalty for Un-authorize Use of Electricity 2021 (2) TMI 821 – CESTAT New Delhi in M.P. Poorva Kshetra Vidyut Vitran Co. Ltd. Versus Principal Commissioner CGST And C.E Bhopal Facts of the Case Appellant is engaged in the business of distribution of electricity. In the course of business, certain...

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Posted Under: Service Tax |

Penalty, Forfeiture of deposit & Liquidated damages not liable to Service Tax

CESTAT, New Delhi set aside the order holding that the amount received towards penalty, earnest money deposit forfeiture and liquidated damages would be tantamount to a consideration, for which service tax would be levied, passed by the Commissioner and held that, it is not possible to sustain the view taken by the Commissioner....

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Posted Under: Service Tax |

GST Case law Update – December 2020

1. Retaining by-products/scrap by job-worker – GST applicable? The High Court of Andhra Pradesh in the case of Shirdiri Sainath Industries Vs DCST 2020-TIOL-2052-HC-AP-GST has held including the value of by-products to the milling charges and assessing tax is legally unsustainable. Fact: Rice milling done on job work bases. milling char...

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Posted Under: Service Tax |

Top 15 Case Laws related to GST for October 2020

1. Supply of goods and supply of service made form different registration of the same taxpayer is neither a works contract nor composite supply? Maharashtra Appellate Authority for Advance Ruling in the case of Vertiv Energy Pvt Ltd has ruled when the goods are supplied from one registration and the installation of such goods has [&hellip...

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September 2021