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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: Service tax is not leviable under reverse charge on amount later refunded by the Foreign Financial Institution to the Appellant - The disputed transactions were reflected in the balance sh...
Service tax – Cestat New Delhi: Question of unjust enrichment in respect to the refund claim – Held that appellant has only borne the burden of tax, as it does not make any difference whether the amount is debited in the...
Service Tax - Cestat Mumbai: Refund of Cenvat credit allowed on Club or Association Services, Services by Airconditioned Restaurants, Sponsorship Services, Event Management Services, Short Term Hotel Accommodation Servic...
Service tax – Cestat Ahmedabad: Service tax won’t attract on refundable interest free deposit collected from the demat account holders which is subsequently refunded without utilizing the same – Appeal allowed [Order att...
Service Tax - Cestat Ahmedabad: The appellant rented immovable property and supplied tangible goods but was not involved in day to day infrastructural support, hence cannot be classified under the infrastructural/ busine...
Service Tax - Cestat Chennai: Cenvat Credit basis debit note is not allowed as in particulars it merely mentions about reimbursement and it does not contain the nature of taxable service - Requirements of Rule 3 and 9(2)...
Service Tax - Cestat Ahmedabad: Appellant being acting as a sub-contractor is not liable to pay Service tax as services provided in relation to transmission of electricity are exempted – Appeal allowed [Order attached]
Service Tax - Cestat New Delhi: Service tax is not payable on the cost of study materials provided to the students as the same is exempt - Circular by CBEC cannot modify the scope of the exemption notification – Appeal a...
Service Tax - Cestat Ahmedabad: As neither Order-In-Original nor Order-In-Appeal given any reasons as to how the said activity becomes classifiable under ‘Business Auxiliary Service’, hence demand and penalty is not sust...
Service tax – Cestat New Delhi: Services received from sister concerns being mutually agreed to share facility and available news library are not Business Support Services hence no Service tax is applicable – Appeal allo...
Service tax – Cestat Ahmedabad: Penalty under Section 77 and 78 is correctly imposed as the entire search is conducted by the departmental officer in the premises of the appellant and they suppressed the facts by never d...
Service tax – Cestat Ahmadabad: It is settled position that cost-sharing arrangement of the appellant with its associate companies is not a service and hence no Service tax is leviable – Appeal allowed [Order attached]
Service tax – Cestat Ahmadabad: Subsidy received from BCCI to Cricket Association against the expenses incurred for conducting Cricket Matches, are non-taxable service being appellant is not in relation to any business o...
Service Tax: New Delhi: Service tax is exempt on works contract service provided to the Trusts registered under Section 12A/12AA of the Income Tax Act; As there is no contract for construction of a house property along...
Service tax – Cestat New Delhi: As appellants were under bona fide belief that the Service tax is not applicable and also it was not collected from Customer & revenue was duly reported in income tax return hence penalty...
Service Tax: Cestat Chennai : As the appellant was allowed to take re-credit of Cenvat but could not do so due to the introduction of G.S.T, hence the appellant is now eligible for cash refund – Appeal allowed [Order att...
Service Tax - Ahmedabad Cestat: Benefit of exemption notification cannot be denied for the reason that the quantum of purchase shown profit and loss account does not match invoices produced by the appellant – Appeal allo...
Service Tax - Ahmedabad Cestat: No Service tax exemption on AVETCS systems, as merely containing computer system does not make it Computer Systems; Payments of service tax were made only after the initiation of preventiv...
Service tax – Cestat Kolkata: Service provided to Hundred percent holding company abroad cannot be considered as an establishment of a distinct person and such services qualify as export of services – Appeal allowed [Ord...
Service Tax – Cestat Mumbai: As per the substituted rule there is no requirement of satisfying the nexus between the input services and the output service for claim of export refund – Appeal allowed [Order attached]
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