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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: – The rate contract provided in the work order clearly indicates that the amount shall be paid at a fixed basis i.e. on per kgs /per metric ton basis - There is no specific mention about p...
Service tax – Cestat Chandigarh: As the Respondent’s service is Routine back office process outsourcings activities which are completely based on instructions/guidelines, hence the same cannot be called as an intermediar...
Service tax – Cestat Kolkata: There is no liability on the recipient of service in the case of transportation by the individual truck owners and/or individual truck operators, and not by goods transport agency to pay Ser...
Service Tax - Chandigarh Cestat: Owing to the business model of cable operator industry, Multi System Operator (‘MSO’) is providing cable operator services to Local Cable Operator (‘LCO’) and not to ultimate consumer a...
Service tax – Cestat Kolkata: Transport activities in the mining area are not mining service instead is GTA service, hence cannot be included in the valuation for mining services: Appeal dismissed. [Order Attached]
Service Tax – Cestat Ahmedabad: Cenvat credit is entitled in respect of services namely Management Consultant Service etc. paid under reverse charge mechanism, as section 66A was added retrospectively in Rule 3 for allow...
Service tax – Cestat New Delhi: As the Appellant has borne the incidence of tax paid by mistake, refund can be claimed by them – Appeal allowed [Order attached]
Service Tax – Cestat Chennai: Department has to refrain from issuing Show Cause Notice if the appellant pays up the Service tax along with interest as ascertained by himself or by the officers – No penalty is leviable [O...
Service tax - Cestat Chennai: Time line to file refund claim ought to be computed from the date of original submission of the refund claim and not the date of resubmitting the claim after rectifying the documents – Appea...
Service tax - Cestat Mumbai – Refund of accumulated Cenvat credit cannot be denied on the argument that Appellant has not undertaken exports as they had themselves conducted ‘clinical trials’ on goods supplied to holding...
Service tax - Cestat New Delhi: It is a settled law that the demand proposed under a particular category under SCN cannot be confirmed under a different category in the Order; Service tax on consulting engineer service s...
Service tax - Cestat New Delhi: As the appellant have received the service with supporting invoices and payment made through bank transfer is evident from the copy of ledger account, thus, the genuineness of the transact...
Service tax - Cestat New Delhi: Appellant has rightly paid tax for repair and maintenance works as per Notification No.30/2012-ST, i.e. 50% of the service tax liability and the balance 50% is payable by the recipient of...
Service tax - Cestat Mumbai: Exemption allowed on services rendered to SEZ even if there is a delay in obtaining Form A-1 - Procedural infirmities, whether for a shorter or longer time, does not in any way supplant the e...
Service tax - Uttarakhand High Court: Interest paid prior to issue of show cause notice can be adjusted against dues under SVLDRS – Directed Revenue to reconsider the Petitioner’s claim [Order attached]
Service - Jharkhand High Court: Amendment by way of substitution relates back to the original document – Petitioner is eligible for exemption on legal services [Order attached]
Service - Cestat Mumbai: Appellant not having centralized registration, but having centralised accounting system at one place can avail Cenvat credits of input invoices received at unregistered premises – Appeal allowed...
Service tax: CBIC has instructions in respect to benefit of SVLDRS scheme and waiver of interest [Instructions attached]
Service Tax – Cestat Ahmedabad: As the appellant were providing service under the brand name of another person, therefore, they are not eligible for small scale exemption – Since matter involves interpretation of law, he...
Service tax – Cestat New Delhi: – No service tax is chargeable on amounts expended for meeting operational costs of overseas offices and of the payments received for arranging and operating of ‘outbound tour’ services –...
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