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Recent Service Tax Case Laws and Appeal Outcomes

Export of Services – Judicial Interpretations

Reverse Charge Mechanism: Case Highlights

Cenvat Credit Disputes – Recent Tribunal Rulings

Interest & Penalty in Service Tax Matters
Appeals Allowed & Dismissed – At a Glance

Service Tax

Service Tax – Cestat Ahmedabad: Foreclosure charges are not liable to service tax; Penalty/penal charges are not chargeable to service tax as the same are not ‘consideration’ – Appeal allowed [Order attached]
Service Tax – Cestat Chandigarh: When the payment is made on provisional basis the amount sometime is paid in excess and sometime it may be less, it is not the case of short payment in any case but it is only an adjustme...
Service Tax – CESTAT Ahmedabad: It is settled that construction services provided to Surat Municipal Corporation under JNNURM scheme and Gujarat State Police Housing Corporation is not liable for service tax – Appeal all...
Service Tax – CESTAT Ahmedabad: As the service of Promotion and Marketing was provided in relation to business or commerce and such service was received by the recipient located outside India, therefore, clearly covered...
Service Tax – Cestat Ahmedabad: In several decision it has been that Service tax cannot be levied on that portion of the value representing the sale of the goods on which sales tax has been charged, hence VAT paid on tra...
Service Tax – Cestat Ahmedabad: Hair Transplant is a cosmetic surgery and is liable to tax as normally Hospitals which undertake procedure of Hair Transplantation advertise/ display their activity not as a disease to be...
Service Tax – Cestat Ahmedabad: Issue of availment of 100% credit on capital goods in a first year – Held that availment of Cenvat credit without its utilisation will attract payment of interest – Appeal allowed [Order a...
Service Tax – Cestat Ahmedabad: Remuneration received to players from cricket in IPL matches are not taxable under Business Auxilary Service, as the arrangement between the owner Company and the cricket player is of empl...
Service Tax – CESTAT Mumbai: Services should be exported in terms of Export of Service Rules to be eligible to avail the benefit of notification – As invoice was raised on 30.06.2012, it is very clear that export of serv...
Service Tax – CESTAT Mumbai: Refund cannot be rejected merely by issuing Deficiency Memo, without issuing show cause notice – DM has not invoked any provisions of CENVAT Credit Rules much less said Rule 14, therefore, ca...
Service Tax – Cestat New Delhi: No Service tax is leviable on non-monetary consideration such as free accommodation, medical facilities, vehicle and telephone insurance and stationery – Appeal allowed [Order attached]
Service Tax – Cestat New Delhi: Recovery of charges in the course of discharge of mandatory statutory functions is not leviable to Service tax; Once the entire CENVAT credit availed by the appellant had been reversed, it...
Service Tax – Cestat New Delhi: Service tax on the fees received from banks/financial institutions for registration of transactions has confirmed the demand of service tax under BSS and OIDARS - Show cause notice is requ...
Service Tax – Cestat New Delhi: No service tax leviable on interest amount collected from policy holder on lapse of Insurance policy due to non-payment of premium - Interest rate is governed by the terms of contract, and...
Service Tax – Cestat New Delhi: No Service tax leviable on consultation services which are incidental to electricity transmission activities; No Service tax leviable on amount collected towards liquidated damages or pena...
Service Tax – Cestat New Delhi: Premises was let out by the Director in their individual capacity and not as Directors of the appellant, hence Service tax cannot be asked to be paid under reverse charge on the rent paid...
Service Tax – Supreme Court: Activity of showing ‘goods’ under the Customs Act was not a ground to take ‘Services’ out of the definition of “design services” - Respondent was liable to pay service tax under “design servi...
Service Tax – New Delhi High Court: It is well settled that each day of delay in filing the Appeal has to be explained - In the present case, it is almost 10 months in the time period for which no ostensible reason has...
Service Tax – Supreme Court: Any activity must, for the purpose of taxability under Finance Act, 1994, not only, in relation to another, reveal a ‘provider’, but also the flow of ‘consideration’ for rendering of the serv...
Service Tax - Cestat Ahmedabad - Any service provided by seller in connection with the construction of residential complex till the execution of such sale deed would be in the nature of 'self- service' and consequently w...
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