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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 - 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...
Service Tax – Cestat Chennai: As there is no document placed on record to negate the appellant’s claim that they have not rendered any service in India in respect to the software purchased from outside India, hence Appel...
Service Tax – Cestat Mumbai: As the CENVAT Credit availed by the appellant has not been recovered by way of issue of SCN, refund of the same on export of Service cannot be denied – Appeal allowed [Order attached]
Service Tax - Cestat Ahmedabad: The time limit of filing refund within one year will not apply if the assessee paid the duty under protest - Matter remanded back to pass a fresh order after considering the protest letter...
Service Tax - Cestat Ahmedabad – The jurisdictional High Court of Gujarat has held that Ocean Freight/ Sea Transportation service is not liable to service tax and there is no infirmity in the impugned order – It was held...
Service Tax - Cestat Kolkata: Since the Appellate made the delated payment of Service tax before the issuance of SCN therefore, no penalty is justifiable – Appeal allowed [Order attached]
Service Tax – Cestat Ahmedabad – Service tax was not payable on vacant land having only boundary wall – However, refund is time barred as payment was made under the head of service tax of renting of immovable property, t...
Service Tax – Telangana High Court: No reason as to why the notice for personal hearing was sent by registered post when the show cause notice was sent through e-mail - Since opportunity of personal hearing was not provi...
Service Tax – Cestat Kolkata : Appellant providing marketing and promoting of Signaling Products of Alcatel SEL AG, German to Indian Railways, would qualify as Export of Services – Appeal allowed [Order attached]
Service Tax – Madras High Court: Issue of denial of refund on account of debit not made in Cenvat credit register – Held that as the eligibility of the Petitioner to refund of CENVAT credit on a substantive basis has nev...
Service Tax – Cestat Hyderabad: Un-utilised portion of Cenvat credit cannot be claimed as refund in cash, hence no refund of KKC is allowed; Credit taken beyond a period of 12 months from the date of invoice/bill of entr...
Service Tax – Bombay High Court: Issue whether SEBI was discharging sovereign function and is exempt from Service tax or whether payment to be made along with penalty - Held that there is no allegation in the first show...

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