ArticleService Tax Article

Mutual fund redemption not “trading of goods”; no CENVAT reversal or extended limitation under Service Tax

The CESTAT New Delhi in the case of Godfrey Phillips India Limited held that subscription and redemption of Mutual Fund units cannot be considered “trading of goods/securities” under Section 66D(e) of the Finance Act, 1994 as it lacks transfer of title, involves unit cancellation/relinquishment rather than sale/purchase to third party, and thus does not qualify as “exempted service”

ArticleService Tax Article

Refund of Service Tax on Ocean Freight stayed pending SC’ decision on ocean freight levy’s validity

The Hon’ble Supreme Court in the case of Adani Power Mundra Ltd. 2025 held that compliance with the CESTAT Ahmedabad’s order granting refund of service tax on ocean freight under reverse charge must await the final outcome of the pending appeal in SAL Steel Ltd. v. Union of India, which questions the constitutional validity of that levy.

ArticleService Tax Article

Incentive & Discounts  on target-based  milestones from manufacturers not a consideration for services under BAS

The CESTAT, New Delhi in the case of M/s Vipul Motors Pvt. Ltd. v. Principal Commissioner of CGST& Central Excise, Jaipur-I[Final Order No. 50957–50958/2025, dated July 02, 2025] held that incentives/ discounts received by car dealers from manufacturers are not taxable under Business Auxiliary Service, being transactions on a principal-to-principal basis.