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Calcutta High Court - Narayana Hrudayalaya secured a stay on GST recovery for inpatient medicines, w...
Orissa High Court - Due to interest demand wrongly classified as "Tax" in the Order, taxpayer cannot...
Allahabad High Court - Demand order cannot confirm tax and penalty demand higher than what was propo...
Uttarakhand High Court - Genuine typographical error in GST Invoice ["32" instead of "32/(2023-24)"]...
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Service Tax
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: Even though Apex court has held that w.e.f. 14.05.2015 reimbursable expenditure would also form part of the value of taxable services, but in this case Respondent acted as pure agent, as t...
Service Tax - Cestat Ahmedabad: Consideration received by IIM for providing scores in respect of names of candidates supplied by the clients (Non-IIM Institutes), is not taxable under ‘Mailing list compilation and mailin...
Service Tax - Cestat Hyderabad: Refund allowed of Service tax paid on reverse charge in August 2018 (viz. under GST regime) pursuant to revenue audit objection – No question of unjust enrichment as Appellant paid Service...
Service tax – Cestat Kolkata: When the money has been paid by mistake, the person in receipt of such money becomes at common law a trustee with an obligation to repay the sum received - There is no limitation on applying...
Service tax – Cestat New Delhi: Shifting of the existing water pipelines belonging to Delhi Jal Board is rendering of services to that agency - The activity contracted out by the respondent does not relate to civil work...
Service Tax - Cestat Ahmedabad: Issue related to taxability of Club Membership is already settled by Hon’ble Supreme Court - For the period post 1.7.2012, the Court ruled that services by a member's club to its members w...
Excise – Cestat Chennai: Cenvat Credit eligible to Appellant on third party's input invoices, who were outsourced by Supplier to render the services directly to the appellant – Without disputing availment of service and...
Service tax – Cestat New Delhi: Appellant is eligible for refund of input services received on an unregistered premise - There is no rule which requires registration of each office/premise of the service provider for cla...
Service Tax- Cestat Chennai: Question on eligibility of refund of Service tax paid on advances for which later GST was also discharged – Held that no tax shall be collected without the authority of law and, if any remitt...
Service tax – Cestat New Delhi: Trademark License provided an exclusive license to use the trademark in any manner, fall within the meaning of the phrase “transfer of right to use the goods” and hence qualify as goods: S...
Service Tax-Delhi High Court: Tribunal has no power to dismiss the Appeal in default or for want of prosecution if the appellant is not present when the Appeal is taken up for hearing - Delhi International Airport Limite...
GST – Bombay High Court: Payment of dues, as declared under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (‘SVLDRS’) scheme, through electronic cash ledger maintained under GST is a valid mode of payment: Direct...
Service tax – Cestat Kolkata: As the total amount of Service tax claimed as rebate has to be shown in figure and as a percentage of total FOB value in shipping bill, hence there is no requirement to determine FOB value s...
Service tax – Cestat Kolkata: As per the retrospective amendment, Rebate claim is allowed of Service tax paid on services used beyond the factory for export of the goods: Appeal allowed [Order Attached dated 07 September...
Service Tax- Rajasthan High Court: SVLDR benefits cannot be denied on the ground that Audit or investigation has been initiated - Writ petition allowed [Attached order dated 24 August 2022]
Service Tax - Cestat Ahmedabad: Since service is provided along with material, their services are clearly classified as works contract service and hence demand under the head Commercial or Industrial Construction Service...
Service Tax- Cestat New Delhi: As Service tax was not payable by Appellant on residential complex, refund is allowed - 50% of the tax to be deposited under reverse charge by the Housing Board was deducted by the Housing...
Service Tax - Cestat Ahmedabad: As the provision of Service tax liability under reverse charge was shown in the balance sheet, the intention to evade duty cannot be alleged and consequently the extended period of limitat...
Service tax – Cestat Delhi: As the amount of pre-deposit was made on 28.11.2016 but as per the unamended provisions of section 35FF (date of amendment - 06.08.2014), no interest shall be payable since the amount was refu...
Service tax – Cestat Mumbai: Held that in the case of Bhingar Urban Co-op Bank Ltd it was held that after 17-3-2012 the interest of bank loan become exempted and Rule 6(3) was applied, prior to 17-3-2012 the value of int...
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