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Tag: CESTAT Delhi

GST ArticlePre-GST

Department cannot invoke extended period without proving suppression of fact

byCA Bimal Jain18/07/202318/07/2023

The CESTAT, New Delhi in the matter of M/s. Mount Everest Breweries Limited v. Commissioner of CGST & Central Excise held that the assessee had not suppressed any facts and thus, extended period of limitation cannot be invoked.

GST ArticlePre-GST

Services of extending corporate guarantee without any consideration is not considered as a service

byCA Bimal Jain21/06/202321/06/2023

The CESTAT, New Delhi in Sowar Pvt. Ltd. v. Commissioner of Service Tax [Final Order No. 50607 Of 2023 dated March 29, 2023] held that assessee has not received any consideration for providing corporate guarantee and hence no service tax…

GST ArticlePre-GST

Short tax paid can be adjusted with the excess tax paid in subsequent months/quarters

byCA Bimal Jain09/06/202309/06/2023

The CESTAT, Delhi in M/s. B.L. Kashyap & Sons Ltd. v. Commissioner of Service Tax [Service Tax Appeal No. 54315 of 2014 dated May 30, 2013], while quashing the impugned order, set aside the liability, and held that the appellant…

Pre-GST

Service Tax Not Payable On Services Of Advertisement In Print-Media

byAdmin06/03/202306/03/2023

The Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that service tax is not applicable to the service of advertisement in print media. The two-member bench of Justice Dilip Gupta (President) and Hemambika M. Priya…

GST ArticlePre-GST

Security/bank guarantee is necessary for the provisional release of the confiscated goods before adjudication

byCA Bimal Jain20/01/202320/01/2023

The CESTAT, New Delhi in the matter of M/s Classic Interiors v. Commissioner of Customs, New Delhi [Customs Appeal No. 51454 of 2022 dated January 12, 2023] modified the order of the Commissioner of Customs(Appeals), to the extent that the…

GST ArticlePre-GST

No Service Tax on health care services provided by the clinical establishments by engaging consultant doctors

byCA Bimal Jain19/01/202319/01/2023

The CESTAT, New Delhi in the matter of M/s. Maharaja Agrasen Hospital Charitable Trust v. the Commissioner of Service Tax, New Delhi – III [Service Tax Appeal No. 52193 of 2016 dated January 2, 2023] set aside the demand order…

GST ArticlePre-GST

Transportation cost separately charged should not forms part of assessable value as per the Central Excise Act

byCA Bimal Jain25/12/202225/12/2022

The Customs, Excise & Service Tax Appellate Tribunal, New Delhi (“the Tribunal”) in the case of M/s. Bathinda Industrial Gases Pvt. Ltd. v. Commissioner of Central Goods and Services Tax [Excise Appeal No. 52053 of 2019]dated November 30, 2022, held…

GST ArticlePre-GST

Revenue Department has the discretion to allow/disallow redemption of prohibited hazardous waste – CESTAT, New Delhi

byCA Bimal Jain22/12/202222/12/2022

The CESTAT, New Delhi in M/s Ayyan Energy Resources (P) Ltd. v. Commissioner [Customs Appeal No. 567 of 2011 dated December 6, 2022] upheld the order passed by the Revenue Department confiscating the waste oil and imposing the penalty on…

GST ArticlePre-GST

Custom broker is not responsible for overseeing the correctness of documents issued by Government Authorities

byCA Bimal Jain11/12/202211/12/2022

The Customs Excise and Service Tax Appellate Tribunal, New Delhi (“the CESTAT”) in the cases of M/s. Surya Jyoti Global Logistics, Custom Broker Vs. Commissioner of Customs (Custom Appeal No. 50789 of 2021), vide [Final order No. 51144-51146/2022]dated December 06,…

Pre-GST

No Power Lies at the Behest of CBEC to Modify the Scope of Exemption Notification issued by the Central Government

byCA Bimal Jain25/11/202225/11/2022

The 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…

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