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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 New Delhi: Once the tax liability has been discharged, regardless of the person who has discharged either by recipient or provider of service, an assessee cannot be asked to pay the tax again – Appea...
Service Tax – New Delhi High Court: As the service rendered were not in the nature of facilitating services from another supplier but were only promotional and marketing services, it cannot be considered to be intermedia...
Service Tax – Cestat Ahmedabad: If a person has provided Goods Transport Service but not issued consignment note/LR, Service Tax from that person under GTA cannot be recovered – Appeal allowed [Order attached]
Service Tax – Cestat New Delhi: Though the Head Offices is in taxable territory but the provision of consulting engineering service was outside the taxable territory i.e. in the State of J&K, hence Service tax cannot be...
Service Tax – Cestat Mumbai: The banks are bound under the supervision of the Reserve Bank of India and would not pay up any amount over and above the premium – Consideration includes the tax amount and liability was to...
Service Tax – Cestat New Delhi: Amount paid pending investigation is nothing but the amount paid under protest - Refund allowed with interest @ 12% from the date of deposit till the date of payment – Appeal allowed [Orde...
Service Tax – Cestat Bangalore: As there is no arrangement of sharing of profits and losses between the parties nor there is contribution of asset, the agreement is in the nature of franchisee agreement and not Joint Ven...
Service Tax – Cestat Ahmedabad: Amount collected from customers against “activation charges” of equipment/ software features are covered under the activity of sales of goods and not covered under the provisions of “Servi...
Service Tax – Cestat Chennai: Section 11B of the Act is a substantive provision of the statute while a notification is only part of a subordinate legislation and cannot override the parent statute - Section 11B is applic...
Service Tax – Cestat Chennai: Where the amendment expressly makes a provision for the payment of the retrospectively amended tax liability within a specified time, in such circumstance, the appellant is not entitled to p...
Service Tax – Cestat New Delhi: Transaction of purchase and sale of liquor by the Corporation will not fall under BAS, therefore, not taxable – Appeal allowed [Order attached]
Service Tax – Bombay High Court: Payments received for procuring orders and passing it to its overseas principal is Export of Service and not liable to service tax- Revenue has accepted the classification of entry under...
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