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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: Corporate Guarantee by the Appellant is merely an act of providing an instrument for securing loans and not even fundamentally connected to the services as described under Business Support...
Service Tax – Cestat New Delhi: Judicial decision is ‘not acceptable’ is an objectionable phrase and the Commissioner (Appeals) is bound to follow the order of the Tribunal when it was not stayed, suspended or set aside...
Service Tax – Cestat Chennai: Service tax is not payable on liquidated damages, the issue has already addressed in many judgments and settled in favour of the taxpayer – Appeal allowed [Order attached]
Service Tax – Cestat Kolkata: Syllabus of the courses offered by the Appellant are prescribed by the universities in consultation with the appellant institute and examinations are also conducted by the universities which...
Service Tax – Cestat New Delhi: Since the appellant is the creature of statute and is discharging a public function without any profit motive, cannot be made liable to tax not even under RCM for receiving legal consultan...
Service Tax – Cestat Allahabad: Once the buyer cancelled the booking and the consideration for service was returned, the service contract got terminated and Department can't keep the Service tax with them – Refund claim...
Service Tax – Cestat New Delhi: Incentives are not to be construed as “consideration‟ - No service tax can be levied on incentives received as it is a form of profit earned by the appellant as a result of a trading activ...
Service Tax – Cestat Ahmedabad: Activities undertaken as mandatory or statutory functions by public authorities under the provisions of any law does not constitute any taxable service and that any fee or amount collected...
Service Tax – Cestat New Delhi: The Appellant had made payments to stock exchanges on behalf of their clients who delayed the payments against their transactions of securities and the appellant charged the same from the...
Service Tax – Cestat Hyderabad: Free supply of material, if any, from the service receiver cannot be added to the gross turnover of the Appellant, as held by the Apex Court – Appeal allowed [Order attached]
Service Tax – Cestat Ahmedabad: Value of free supplies of accommodation, travelling and foods expenses would not warrant inclusion while arriving at the gross amount charged on its Service tax is to be paid – Appeal allo...
Service Tax – Cestat Hyderabad: Demand of Service tax cannot be confirmed merely on the basis of figures reflected in other statutory records- Department is under obligation to prove the service have rendered – Appeal al...
Service Tax – Cestat Ahmedabad: Issue of non-payment of tax on software services - Held that non-payment of tax under reverse charge on software services received from abroad is a revenue neutral situation as Applicant i...
Service Tax – Cestat Chennai: Payment of Royalty, FDT and other applicable taxes/charges by the buyers of the iron ores to the Monitoring Committee, as per the price of iron ore purchased in auction, would not be subject...
Service Tax – Cestat Ahmedabad: TDS deposited which is over and above the invoice value cannot be charged to service tax as the TDS is not part of the invoice value – Appeal allowed [Order attached]
Service Tax – Cestat Ahmedabad: Service tax is payable in respect of cleaning services provided to railways - Appellant granted benefit of cum tax – Appeals partly allowed [Order attached]
Service Tax – Cestat Chennai: Appellant is one who has been availing of legal and consultative advice in various matters and have not shown that they were in receipt of contrary advice not to pay tax under RCM or sought...
Service Tax – Cestat Chennai: Services on which no Service tax is leviable under the Act is also included under the exempted services - Since no service tax is leviable on the works contract service rendered to Airport p...
Service Tax – Cestat Chennai: Service tax demand on incentives which are purely on the basis of sales and not for providing service of promoting is not sustainable; No Service tax on advance amount forfeited on cancellat...
Service Tax – Cestat Ahmedabad: Service of Erection, Commissioning and Installation in relation to transmission of electricity is not leviable to service tax – Appeal allowed [Order attached]
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