15 ViewsThe CESTAT bench of Ahmedabad (“the Tribunal”) in the case of Marwadi Shares & Finance Ltd. v. C.C.E &S.T.-Rajkot (Service Tax Appeal No. 12087 of 2017) held that the Service Tax is not liable to be paid on the amount collected from the customer as interest free security deposit against trading of shares which […]
Payment of one-time premium was not chargeable to tax under Service Tax under Renting of Immovable property
64 ViewsThe CESTAT bench of Ahmedabad (“the Tribunal”) in the case of Gujarat Power Corporation Ltd. v C.C.E. & ST (Service Tax Appeal No. 10193 of 2017) dated November 18, 2022 held that payment of one-time premium under renting of immovable property services is not chargeable to Service Tax. Facts: M/s. Gujarat Power Corporation Ltd. […]
No Power Lies at the Behest of CBEC to Modify the Scope of Exemption Notification issued by the Central Government
54 ViewsThe CESTAT, New Delhi Bench, in the case of M/s Lakshya Education Solutions Pvt. Ltd. v. The Commissioner (Appeals), Customs, Central Excise & Service Tax [SERVICE TAX APPEAL NO. 50233 OF 2016], ruled that the Central Board of Excise and Customs (“CBEC”) does not have the power to modify the scope of an exemption […]
Appellant is entitled to interest from the date of deposit to the date of refund
30 ViewsThe CESTAT, New Delhi in the matter of M/s BBM Impex Pvt. Limited v. Principal Commissioner of Customs (Preventive) [Customs Early Hearing Application No.50414 of 2022 with Customs Appeal No. 51662 of 2022-SM] has held that, the appellant is entitled to interest at specified rate from date of deposit to date of refund. M/s […]
SC to decide whether Service tax leviable on secondment of employees
43 ViewsThe Division Bench of the Hon’ble Supreme Court of India, comprising of Hon’ble Mr. Justice Sanjiv Khanna and Hon’ble Mr. Justice J K Maheshwari, issued Notice in the case of Commissioner of GST and Central Excise Chennai v. M/s Komatsu India Pvt. Ltd, to the question whether salary paid on secondment of employees is […]
CESTAT: Demand of duty of Rs. 163 Crore based on assumptions is not permissible
107 ViewsThe CESTAT, Delhi in M/s Miraj Products Pvt. Ltd. V. Commissioner, Central Goods & Service Tax [Final Order Nos. 50804 – 50805/2022 dated September 02, 2022] held that the assessing authority has not found any undeclared machines in the manufacturing premises or factory of the assessee and duty has been demanded based on assumptions […]
CENVAT credit available on inputs used in the production of electricity supplied to Sister Unit FOC
84 ViewsThe CESTAT in Principal Commissioner v. M/s Hira Ferro Alloys Limited [Excise Appeal No. 53531 of 2018 with Excise Miscellaneous Application No. 50363 of 2019 dated September 6, 2022] held that the assessee is entitled to Central Value Added Tax (“CENVAT”) credit to the extent that the inputs are used for the production of […]
The assertion of clandestine removal cannot be proved merely by the testimony of some transporters
117 ViewsThe Hon’ble Bombay High Court in the Principal Commissioner of Central GST & C. v. Filatex India Ltd. [Central Excise Appeal No. 204 of 2019 dated September 8, 2022] held that the accusations of clandestine removal cannot be confirmed merely based on a statement of few transporters under the terms of Central Excise Act, […]
Voluntary deposit made during investigation and appropriated against the demand cannot be treated as pre-deposit and thus cannot be refunded
62 ViewsThe Hon’ble Customs, Excise & Service Tax Appellate Tribunal, New Delhi (“the CESTAT”) in the matter of Sky Airways v. Commissioner of Customs (Appeals), New Delhi [Final Order No. 50715 of 2022 dated August 12, 2022] dismissed the appeal stating that the amount deposited voluntarily during the investigation cannot not be treated as an […]
Refund on Extra Duty Deposit should be automatic under the Customs Act
98 ViewsThe CESTAT, Ahmedabad in the matter of M/s China Steel Corporation India Pvt Ltd v. C.C.-Ahmedabad [Final Order No. A/ 10817 /2022 dated July 26,2022] has held that the assessee would be entitle to automatic refund of Extra Duty Deposit (“the EDD”) without filing of application for refund under Section 27 of the Customs […]