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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 Kolkata: SCN under section 73(3) cannot be issued if tax is paid along with interest before issuance of the show cause notice – Without evidence it cannot be stated that there was suppression and con...
Service Tax – Kerala High Court: Appeal which could not be perused by the Appellant in the Year 2015, can now be restored on condition of making pre-deposit in terms of Section 35F within a period of one month from today...
Service Tax - Cestat New Delhi: Question whether amount of pre-deposit can be adjusted against confirmed duty demand – Held that the adjudicating authorities have committed an error while adjusting the said amount to a c...
Service Tax – Cestat Ahmedabad: Even after writing a letter to Revenue to close the issue and Appellant will not seek refund of the Service tax paid during audit, does not debar the Appellant to claim refund as per the l...
Service tax – Cestat Ahmedabad: Question of eligibility of refund claim after the due date, when were not liable to pay Service tax – Held that as the appellant have admittedly paid Service tax under the head of Club and...
Service tax – Cestat Ahmedabad: The actual consideration for the services provided to the service recipient shall alone be chargeable to Service tax, hence the facility charges not charged by Respondent to one of his Cus...
Service tax – Cestat Kolkata: Considering the initial date of filing rebate claims by the Appellant, the same are not barred by limitation - Technical deviations or procedural lapses are to be condoned, if there is suffi...
Service Tax – Cestat Chandigarh: Performing services on Client’s systems and that too as a backend process without requirement of any interaction with Customers of the Client cannot be classified as ‘Intermediary Service...
Service tax – Cestat Mumbai: It is settled position that refund cannot be denied as there were no proceedings for denial of Cenvat Credit in terms of Rule 14; No deduction from total Cenvat Credit taken is allowed on any...
Service Tax – Supreme Court: No service tax is leviable on Composite Works Contracts prior to the amendment in Finance Act, 2007 - Insertion of the definition of works contract as under clause (zzzza) vide Finance Act, 2...
Service Tax- Karnataka High Court: Renting of building for canteen, bank and other facility are naturally bundled to education services provided by university, and college affiliation fee are exempted from Service tax -...
Service Tax – Supreme Court – Services rendered like erection/installation/commissioning of goods at customers’ site and incidentally providing services of drawing, design etc., cannot be said that the services rendered...
Service tax – Cestat Mumbai: Issue regarding the eligibility of refund claim of differential closing balance of Cenvat Credit not carried forward in TRAN-1 – Held that Impugned Order is passed without giving the benefit...
Service Tax – Cestat Delhi: Development fee, map fee etc. since are collected by the Development authority as per the statute, cannot be termed as consideration and hence not liable to Service tax; Other Income like leas...
Service Tax – Cestat Kolkata: Service tax along with interest was paid before issuance of show cause notice, hence penalty under expended period of limitation is not invokable – Appeal allowed.
Service tax – Cestat Chandigarh: Issue of taxability of undertaking separate contract one for supply of transmission towers and other for its installation – Held that as Service tax is exempted on service provided for er...
Service tax – Cestat Kolkata: Substantiative benefit should not be denied when the conditions are fulfilled - It has never been the intention of the Government to export taxes hence the refund claims if rejected, will de...
Service Tax – Cestat Kolkata: Activity of filling LPG into cylinder tantamounts to the process of manufacturing, which is evident by the undisputed fact that excise duty was paid by IOCL on clearances of gas cylinders, h...
Service Tax – Cestat Allahabad: No reversal of Cenvat required as Trading cannot be treated as an “exempted service” for the period prior to 01.04.2011 – Explanation inserted would be presumed to have only prospective e...
Service Tax – Cestat Kolkata: Transportation services cannot be classified under GTA services where the consignment notes are not issued by the transporters – Demand under the head GTA service is not sustainable [Attache...
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