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Tag: CESTAT Mumbai

ArticleGST ArticlePre-GST

GST DAILY – 356 : Refund of service tax paid on booking amount of flat is admissible if allottees cancelled their booking: CESTAT

byCA Pradeep Modi11/09/202511/09/2025

THE CESTAT, WEST ZONAL BENCH, MUMBAI Kanakia Spaces Reality Pvt. Ltd. V/s Commissioner of CGST & Central Excise, Mumbai, decided on 14-3-2024

other tax in mediaPre-GST

No Service Tax liability for BookMyShow on transactions with credit card companies

byAdmin30/04/202430/04/2024

In a recent ruling, the Mumbai Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that BookMyShow, an online ticketing platform, is not liable to pay service tax on transactions with card companies.

GST ArticlePre-GST

Credit cannot be denied due to incorrect description of Service on invoices when Service Tax has been correctly paid

byCA Bimal Jain16/12/202316/12/2023

The CESTAT, Mumbai in the case of M/s. Tata AIG General Insurance Co. Ltd. v. Commissioner of Service Tax, Mumbai…

GST ArticlePre-GST

Service provided by SEZ developer to unit within the SEZ are exempt from service tax

byCA Bimal Jain13/09/202313/09/2023

The CESTAT, Mumbai in M/s. Hiranandani Builders v. Commissioner of Service Tax-VII, Mumbai set aside the demand order and held that, the Revenue Department does not have authority of law to collect service tax on services provided by SEZ developer to units in SEZ within SEZ area.

GST ArticlePre-GST

Venture of Indian Railways is a deemed railway company- not exigible to service tax

byCA Bimal Jain10/07/202310/07/2023

The CESTAT, Mumbai in Konkan Railway Corporation Limited v. Commissioner of Service Tax set aside the order passed by the Commissioner by observing that assessee is ‘a deemed to be a railway company’ under the provision of Indian Railways Act, 1890 and since Indian railways was exempt from payment of service tax no service tax liable on the assessee.

GST ArticlePre-GST

Utilization of CENVAT Credit within the same entity does not cause loss to the Exchequer

byCA Bimal Jain21/06/202321/06/2023

The CESTAT, Mumbai inM/s. Morganite Crucible (India) Ltd. v. Commissioner of Central Excise & Service Tax [Excise Appeal No. 86235…

GST ArticlePre-GST

Refund of service tax allowed to real estate buyers on cancellation of the contract

byCA Bimal Jain15/06/202315/06/2023

The CESTAT, Mumbai in the case of M/s. Guardian Landmarks LLP v. Commissioner of Central Excise & Service Tax, Pune…

GST ArticleSupreme Court

Integrated Desktop Computer cannot be classified as ‘portable device’

byCA Bimal Jain20/01/202320/01/2023

The Hon’ble Supreme Court in Hewlett Packard India Sales Pvt. Ltd. & Anr. v. Commissioner of Customs (Import), Nhava Sheva [Civil Appeal No. 5373 and 6715 of 2019, dated January 17, 2023] set aside the orders…

GST ArticlePre-GST

Services provided by GTA not classified as ‘Clearing and Forwarding Agency’ service

byCA Bimal Jain14/01/202314/01/2023

The CESTAT, Mumbai in M/s. Auto Cars v. Commissioner of Central Excise and Service Tax, Aurangabad [Service Tax Appeal No.…

GST ArticlePre-GST

No Service Tax liability can be imposed on the Builder on cancellation of booking by flat buyer

byCA Bimal Jain08/01/202308/01/2023

The CESTAT, Mumbai in Credence Property Developers Pvt. Ltd v. Commissioner of CGST & Central Excise [Service Tax Appeal No.…

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