Search Results for Tag : CESTAT
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CESTAT: No Service Tax on Rajasthan CDF for Collection of Service Charges from Milk Unions(24.05.2022)
Custom, Excise & Service Tax Appellate Tribunal (CESTAT), Delhi Bench has held that no service tax is payable on the service charges collected by the .....
Tags : CESTAT, Service Tax, Rajasthan Cooperative Dairy Federation
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CESTAT: Steel Plates and MS Channels are Capital Goods; Modvat Credit can be Availed(24.05.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Hyderabad Bench has ruled that the assessee is entitled to avail of modvat credit on stee.....
Tags : CESTAT, Customs, Captial Goods, Modvot Credit
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CESTAT: Proceeding Can't be Initiated When Excise Duty was Paid Prior to Issuance of Notice(25.05.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Kolkata Bench has held that the authorities has no jurisdiction to initiate proceedings a.....
Tags : CESTAT, Excise Duty, Show Cause Notice
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CESTAT: Order for Confiscation of Goods Cannot be Made through Corrigendum to Original Order(25.05.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chennai bench has held that the corrigendum to original order can only correct typo error.....
Tags : CESTAT, confiscation, Original Order
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CESTAT: Refund of Excess Duty Paid Can’t be Denied for Non-Option of Provisional Assessment(25.05.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad has held that the refund of excise duty paid in excess cannot be rejected solel.....
Tags : CESTAT, Refund, Excise, Assessee
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CESTAT: Goods Improperly Imported are Liable for Confiscation U/s 111 and 112 of Customs Act(27.05.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chennai has held that Sections 111 and 112 of Customs Act are attracted only when goods a.....
Tags : CESTAT, Confiscation, Imported Goods
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CESTAT: Doctrine of Unjust Enrichment Does Not Apply to Payment of Duty by Way of Pre-Deposit(27.06.2022)
Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Mumbai bench has held that doctrine of unjust enrichment can’t apply to the payment of d.....
Tags : CESTAT, Unjust Enrichment, Pre-Deposit
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CESTAT: Extended Period of Limitation Can be Invoked Only on Willful Suppression to Evade ST(27.06.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Allahabad Bench has held that an extended period of limitation can be invoked only on wil.....
Tags : CESTAT, Extended Period of Limitation, Service Tax
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CESTAT: No Penalty on Confiscated Gold Bar in The Presence of Cogent Evidence(29.06.2022)
Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Delhi bench has held that no penalty arises on a confiscated gold bar in the presence of.....
Tags : CESTAT, Confiscated, Cogent Evidence
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CESTAT: Floor Limits of Bond & Bank Guarantee for Provisional Release of Confiscated Goods Reduced(29.06.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai Bench has reduced floor limits of bond and bank guarantee prescribed for allowing .....
Tags : CESTAT, Floor Limit, Confiscated Goods
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CESTAT: Classification only on the basis of Nomenclature under Customs Tariff Act is Baseless(29.06.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad bench has held that classification of Products only on the basis of Nomenclatur.....
Tags : CESTAT, Customs Tariff Act, Nomenclature
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CESTAT: Extended Limitation Claimed by Department is Not Valid in Absence of Suppression of Fact(04.07.2022)
Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Ahmedabad Bench has held that extended limitation claimed by the department is not valid in.....
Tags : CESTAT, Absence, Suppression of Fact
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CESTAT: No Service Tax on Ocean Freight Charges Under The Head ‘BAS’(04.07.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chennai Bench has held that no service tax applicable on ocean freight charges under the .....
Tags : CESTAT, Service Tax, Ocean Freight Charges
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CESTAT Confirms Service Tax Demand Against BSNL(17.12.2018)
Customs, Excise, Service Tax Appellate Tribunal (CESTAT), Delhi has confirmed the service tax demand against the Bharat Sanchar Nigam Ltd (BSNL).
Tags : CESTAT, BSNL
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Wipro Not Eligible to Take Credit of Cab Service Availed to Pick Up and Drop Employees: CESTAT(19.12.2018)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chennai has held that the Wipro Enterprises is not eligible to avail cenvat credit on the.....
Tags : CESTAT, Wipro
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CESTAT: CSR is Not ‘Input Service’(13.06.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), has upheld the order disallowing credit towards the service tax paid on services used for.....
Tags : CESTAT, Service Tax, CSR
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CESTAT: Value of Scrap Generated After Manufacture Not Includable in Assessable Value(13.06.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the value of scrap arising during the process of manufacture and retained by.....
Tags : CESTAT, Scrap, Assessable Value
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CESTAT: Imposition of Penalty Under CENVAT Credit Rule Will Not Sustain if Facts Not Suppressed(22.06.2022)
Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Delhi Bench has held that imposition of penalty under the CENVAT Credit rule will not susta.....
Tags : CESTAT, CENVAT Credit Rule, Penalty
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CESTAT: Assessee Entitled to Refund of Unutilized Education And Krishi Kalyan Cess in CENVAT Account(23.06.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chennai has held that the assessee is entitled to a refund of education cess and Krishi K.....
Tags : CESTAT, CENVAT, Education Cess, Krishi Kalyan Cess
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CESTAT: Period of Depreciation Should Extend Up to Date of Payment of Duty(24.06.2022)
Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Ahmedabad Bench has held that period of depreciation should extend up to the date of pay.....
Tags : CESTAT, Depreciation, Payment
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Customs Officers Cannot Seize Goods in SEZ Area: CESTAT(08.08.2018)
Customs, Excise and Service Tax Appellate Tribunal has held that the customs officers have no jurisdiction to seize goods in the Special Economic Zone.....
Tags : CESTAT, Customs
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Sale of Study Materials by Coaching Centres Would Not Attract Service Tax: CESTAT(16.08.2018)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Allahabad bench has observed that sale of study materials by a registered coaching centre.....
Tags : CESTAT, Service Tax
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Supreme Court: Retirement Age of CESTAT Members is 62 Years(22.08.2018)
Supreme Court has clarified that members of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) can continue to hold office until the age of 6.....
Tags : Supreme Court, CESTAT
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Bombay HC: Appeal from Order Passed by CESTAT on Rates of Duties Would Lie Before Supreme Court(15.04.2022)
Bombay High Court has ruled than an appeal from an order passed by the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), involving the questi.....
Tags : Bombay High Court, Appeal from Order Passed by CESTAT, Rates of Duties
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Companies Can Avail Cenvat Credit on CSR Expenses: CESTAT(06.09.2018)
Customs Excise & Service Tax Appellate Tribunal (CESTAT) has held that a Company is eligible for the Cenvat Credit in respect of the payments made tow.....
Tags : CESTAT, CSR
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Dhatri Hair Care Oil and Massage Oil are Ayurvedic Medicines: CESTAT(19.07.2018)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT) held that “Dhatri Brand Hair Care Herbal Oil” and “Dhatri Brand Massage Oil” are ayurvedic.....
Tags : CESTAT, Dhatri Brand Hair Care Herbal Oil, Dhatri Brand Massage Oil, ayurvedic medicine
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CESTAT Bangalore: Restoration and Painting of Cylinders not subject to Tax as ‘Maintenance and Repair(10.09.2018)
Bangalore bench of CESTAT has held that activity of restoration and painting of cylinders is not subject to Service Tax under the head ‘Maintenance a.....
Tags : CESTAT Bangalore. Painting of Cylinders
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Amount Spent On Membership Of Club, Life Insurance for Employees eligible for Cenvat Credit: CESTAT(13.09.2018)
Delhi bench of CESTAT has held that a Company can claim Cenvat Credit in respect of payments made towards Membership of Club, Life Insurance for the w.....
Tags : CESTAT, Club Membership
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CESTAT: No Service Tax Leviable on Toll Collection(27.05.2022)
Customs, Excise and Service Tax Appellate Tribunal, Mumbai has ruled that amount collected by a toll collector during toll-collection activity will no.....
Tags : CESTAT, Service Tax, Commission Agent
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CESTAT Delhi: No Service Tax Payable on Service Charges Collected by Rajasthan CDF from Milk Unions(23.05.2022)
Custom, Excise & Service Tax Appellate Tribunal (CESTAT), Delhi has ruled that no service tax is payable on the service charges collected by the Rajas.....
Tags : CESTAT, Service Tax, Milk Unions
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CESTAT: No Excise Duty on Goods Consumed for Manufacture of Exempted Final Products(02.06.2022)
Customs, Excise and Service Tax Appellate Tribunal, Ahmedabad has held that intermediate goods consumed for the manufacture of exempted final products.....
Tags : CESTAT, Exempted Goods, Excise
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CESTAT: Process of Crushing And Screening Iron Ore Can be Classified as Iron Ore Fines(08.06.2022)
Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai has held that the process of crushing and screening iron ore can be classified as ir.....
Tags : CESTAT, Iron ore, Countervailing Duty
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CESTAT: Attempt to Smuggle Prohibited Goods Cannot be Brushed Aside as Mere Violation of CBLR(09.06.2022)
Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Chennai bench has held that an attempt to smuggle prohibited goods cannot be brushed aside .....
Tags : CESTAT, Customs Brokers Licensing Regulations, Smuggle
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CESTAT: Service to Associate Co. Falls Under Export if Provider and Recipient Are Separate Persons(09.06.2022)
Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Ahmedabad bench has held that service provided to associate company falls under category of.....
Tags : CESTAT, Service Provider, Export
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CESTAT: Penalty Collected From Contractor Not Subject to Service Tax(10.06.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi bench has held that the penalty collected from a contractor, being ‘liquidated dama.....
Tags : CESTAT, Service Tax
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CESTAT: Credit Availed on Service Tax Paid on Deposit Insurance Service Eligible for CENVAT Credit(13.06.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chennai bench has held that credit availed by the Indian Overseas Bank on the Service Tax.....
Tags : CESTAT, CENVAT Credit, Service Tax
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CESTAT: Service Tax Cannot be Imposed on Value of Material Supplied to Client(24.06.2022)
Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Ahmedabad Bench has held that service tax cannot be imposed on value of material supplie.....
Tags : CESTAT, Service Tax, Material Supplied
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CESTAT: Law Does Not Mandate Customs Broker to Physically Verify Address of Client(05.07.2022)
Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Delhi bench has held that it is not mandatory for Customs Broker to physically verify the a.....
Tags : CESTAT, Customs Broker, Verification
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CESTAT: CENVAT Credit Cannot be Denied on Free Warranty Service Through Third Parties(07.07.2022)
Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Ahmedabad Bench has held that Central Value Added Tax (CENVAT) credit cannot be denied o.....
Tags : CESTAT, CENVAT, Warranty
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CESTAT: Providing Trained Manpower to Overseas Customers is Not an Intermediary(11.07.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai Bench has held that providing trained manpower to overseas customers is not an int.....
Tags : CESTAT, CENVAT Credit, Overseas Customers
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CESTAT: Charge of Forgery on Textile Reports Not Sustainable in Absence of Cogent Evidence(12.07.2022)
Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Ahmedabad Bench has held that the charge of forgery on textile reports is not sustainable i.....
Tags : CESTAT, Forgery, Evidence
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CESTAT: Services Provided With Respect to Government Sports Stadium, Not Commercial Service(13.07.2022)
Customs Excise and Service Tax Appellate Tribunal (CESTAT), Delhi Bench has held that an activity undertaken in a government stadium and which is used.....
Tags : CESTAT, Government Stadium, Commercial Construction
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No Service Tax on Sale/Purchase of Property on a Principal to Principal Basis: CESTAT(07.12.2018)
Customs, Excise and Service Tax AppellateTribunal (CESTAT), Delhi has held that there cannot be any service tax liability under the category “Real Est.....
Tags : CESTAT, Service Tax, Sale/Purchase of Property on a Principal to Principal Basis
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Construction of Houses for Slum People Under Govt Schemes not Subject to Service Tax: CESTAT(26.11.2018)
Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has held that the construction services provided to construct houses for slum people under a.....
Tags : CESTAT, Construction of Houses for Slum People, Service Tax
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CESTAT: Blending, Bottling, and Packaging of IMFL not subject to Service Tax(08.08.2022)
Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Kolkata Bench has held that blending, bottling, and packaging of Indian-made foreign liq.....
Tags : CESTAT, Indian-Made Foreign Liquor, Service Tax
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CESTAT: Service Relating to Modernization, Renovation Are Input Services(08.08.2022)
Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Kolkata bench has held that services relating to modernization, and renovation are input.....
Tags : CESTAT, Cenvat Credit, Input Services
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CESTAT: Contract of Supply of Goods Not Classifiable Under Commercial or Industrial Construction(16.08.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Kolkata bench has held that the contract of supply of goods can’t be classifiable under ‘.....
Tags : CESTAT, Service Tax, Commercial Construction
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CESTAT: Currency is Not Goods, Liable to be Seized Under Customs Act(17.08.2022)
Customs, Excise and Service Tax Appellate Tribunal, Kolkata Bench has held that currency is not goods and is liable to be seized under customs act and.....
Tags : CESTAT, Currency, Customs
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CESTAT: No Service Tax on Company for Payment of Rent if Premise Not Used for Commercial Purpose(22.07.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi Bench has held that the service tax cannot be levied on the Company for the payment.....
Tags : CESTAT, Service Tax, Rent
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CESTAT: Rejection of Refund on Flimsy Ground Defeats The Purpose of Rebate Schemes(26.07.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Kolkata Bench has held that the rejection of refund on flimsy ground would defeat the pur.....
Tags : CESTAT, Rebate, Litigation
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CESTAT Ahmedabad Refuses Cenvat Credit of Service Tax Paid on Outward Transportation Service(31.03.2021)
Customs, Excise, Service Tax Appellate Tribunal (CESTAT), Ahmedabad Bench has refused to grant Cenvat credit of Service Tax paid on Outward Transporta.....
Tags : CESTAT Ahmedabad, Cenvat Credit
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Commissioner of Customs can Recover Movable and Immovable Properties of Defaulters: CESTAT(05.04.2019)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai bench has held that Commissioner of Customs has the power to recover both movable .....
Tags : CESTAT, Custom Commissioner
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CESTAT Delhi: Value of All Goods Should Be Included(04.03.2021)
Customs, Excises, and Service Taxes Appellate Tribunal (CESTAT), Delhi has ruled that the value of all goods should be included, whether the goods hav.....
Tags : CESTAT Delhi, Value, Goods
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Delhi High Court: CESTAT Empowered to Examine Correctness of Assertion in Disclosure Statement(19.05.2017)
Delhi High Court has held that CESTAT, under section 9 of Customs Tariff Act, is empowered to examine correctness of assertions made in disclosure sta.....
Tags : Delhi High Court, CESTAT
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CESTAT Mumbai: Cenvat Credit Cannot be Refused Due to Mere Technical Irregularities(27.06.2019)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai has noted that the Cenvat Credit cannot be refused to the Assessee merely due to t.....
Tags : CESTAT Mumbai, Cenvat Credit
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CESTAT Mumbai: Swachh Bharat Cess Paid on Input Services Available as CENVAT Credit(18.06.2019)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai has observed that the Swachh Bharat Cess paid on input services has to be availab.....
Tags : CESTAT Mumbai, Swachh Bharat Cess
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CESTAT: Distributors Not Responsible to Pay Service Tax on Recharge Coupons(18.06.2019)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Chennai has observed that service tax cannot be levied on recharge coupons received from D.....
Tags : CESTAT, Service Tax
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CESTAT Allows Cenvat Credit to Delhi Metro Rail Corporation on Consulting Engineer’s Services(17.02.2023)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi bench has granted Delhi Metro Rail Corporation a cenvat credit for consulting engin.....
Tags : CESTAT, Delhi Metro, Cenvat Credit
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CESTAT: No Service Tax on Take-Away of Food Items(17.02.2023)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi Bench while observing that activity of takeaway of food items would amount to a sal.....
Tags : CESTAT, Service Tax, Take Away, Food Item
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CESTAT:Free – Distribution of Toothbrushes in Combo Pack Does Not Attract Excise Duty(17.05.2019)
Customs, Excise, Service Tax Appellate Tribunal (CESTAT) has observed that no excise duty can be levied on the free-distribution of toothbrushes in th.....
Tags : CESTAT, Toothbrush
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CESTAT: No Service Tax on Services of Advertisements in Print Media(06.03.2023)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi bench has held that service tax is not applicable to the service of advertisement i.....
Tags : CESTAT, Service Tax, Print Media, Advertisement
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CESTAT Delhi Confirms Order Denying Credit(21.06.2021)
Customs, Excise, and Service Tax Appellate Tribunal ( CESTAT ), Delhi bench has held that the cenvat credit is not allowable on the capital goods for .....
Tags : CESTAT Delhi, Credit
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CESTAT Chennai: CSK Players Not Liable to Pay Service Tax on Salary Paid by Franchisee(03.07.2019)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chennai bench has granted relief to the cricket players L Balaji, Ashwin R, Murali Karthi.....
Tags : CESTAT, CSK
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Government Increases Threshold Limit for Appeals in Service Tax, Customs Cases(18.12.2015)
Government in order to reduce litigations related to indirect taxes has raised threshold limit for filing appeals before CESTAT and High Courts to Rs .....
Tags : Government, CESTAT, High Courts
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CESTAT Ahmedabad: Cenvat Credit Allowable to Legal Consultancy Services(30.08.2019)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Ahmedabad Bench has ruled that the legal consultancy services can be treated as an input f.....
Tags : CESTAT Ahmedabad, Cenvat Credit
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Concept of Unjust Enrichment Applicable for Export of Service: CESTAT Delhi(31.01.2018)
Delhi Bench of CESTAT has held that the concept of unjust enrichment is applicable for Export of Service under the Finance Act, 1994.
Tags : CESTAT Delhi, Unjust Enrichment
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CESTAT Delhi : Concept of Allowed Loss and Consumption would not Qualify as Consideration(27.11.2019)
Customs, Excise & Service Tax Appellate Tribunal New Delhi has ruled that the concept of “allowed loss and consumption” in the Agreement between the p.....
Tags : CESTAT Delhi, Consideration
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CESTAT: No Service Tax Would be Applicable on Value of Materials on Which Sales Tax is Already Paid(06.01.2020)
Customs Excise and Service Tax Appellate Tribunal, Chennai has held that the spare parts etc, which have been used in the course of maintenance servic.....
Tags : CESTAT, Service Tax
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CESTAT Bangalore: No Service Tax Would be Applicable on VSAT Hire Charges and VSAT Usage Fee(06.01.2020)
Customs Excise and Service Tax Appellate Tribunal, Bangalore has held that Very Small Aperture Terminal equipment Hire Charges and Very Small Aperture.....
Tags : CESTAT Bangalore, VSAT
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CESTAT: Service Tax Cannot be Levied on Remuneration for Sales Promotion(13.01.2020)
Customs Excise and Service Tax Appellate Tribunal, Allahabad has set aside the ruling of a Lower Tribunal and has held that if the entire remuneration.....
Tags : CESTAT, Service Tax
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CESTAT Ahmedabad: No Charge of Abatement for Evasion of Duty on Basis of Job Work(13.01.2020)
Customs Excise & Service Tax Appellate Tribunal, Ahmedabad has held that there is no charge of abatement for evasion of duty on job work.
Tags : CESTAT Ahmedabad, Evasion of Duty
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CESTAT: Service Tax Not Applicable on Service For Electricity Transmission By GETCO(08.02.2024)
Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) Ahmedabad Bench has held that service tax is not applicable for the erection of bays, sub.....
Tags : CESTAT, GETCO, Electricity Transmission
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CESTAT: Service Tax Cannot be Levied on Incentives(15.03.2024)
Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) while distinguishing between ‘commission’ and ‘incentive’ has held that se.....
Tags : CESTAT, Service Tax, Incentives
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CESTAT: Demand of Excise Duty Not Payable on Waste and Scrap Packing Material if Travels Beyond SCN(22.03.2024)
Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that no excise duty is supposed to be paid on waste and scrap pa.....
Tags : Mumbai Bench, CESTAT, Excise Duty, Show-Cause Notice
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CESTAT, Ahmedabad: No Presumption of Deemed Sale on Ground of Non-Payment of VAT(31.03.2020)
Customs Excise and Services Tax Appellate Tribunal, Ahmedabad has ruled that deemed sale cannot be presumed for the purpose of imposing service tax me.....
Tags : CESTAT Ahmedabad, Deemed Sale
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CESTAT: No Service Tax to be Levied on Flats Construc. Prior To 01.07.2010 Having Less Than 12 Flats(11.04.2024)
Chennai Branch of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that no tax liability shall be imposed if the flats are co.....
Tags : CESTAT, Service Tax, Tax Liability
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Transfer of Goods by Sister Concern Is ‘Trade’: CESTAT Holds Against Hindustan Coca Cola(18.09.2018)
Hyderabad Bench of CESTAT has held that the value of goods which the assessee received from the sister plant and sold in the market constitutes ‘tradi.....
Tags : CESTAT, Coca Cola
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CESTAT: 'Mining Service' Covers Services Like Wireline Logging & Perforation for Drilling Oil Wells(04.04.2024)
Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that undertaking services like wireline logging, perforation, and.....
Tags : CESTAT, Mining Service, Oil Wells, Wireline Logging
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