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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 New Delhi: Fabrication/erection of towers and shelters, which being attached to earth, would not be immovable property merely because a machine is attached to earth for more efficient working, hence...
Service Tax – New Delhi High Court: Issue of recovery of Cenvat credit when tax is paid on exempt supplies – Held that if a person collects any amount representing it as Service tax, which is otherwise not to be collecte...
Service Tax – Cestat Chennai: Issue of non-payment of Service tax – Held that Service Tax having been paid by the advertising agency, the appellant could enjoy the facility of CENVAT Credit, this is a revenue neutral sit...
Service Tax – Cestat New Delhi: Condition of being registered is not essential for taking Cenvat credit, hence Credit allowed of invoice received at unregistered premise; Rule 6(1), (2) and (3) are not applicable, where...
Service Tax – Cestat New Delhi: The appellant acted as a pure agent and the amount collected from the State Government for payment to the vendors cannot be subjected to service tax, hence Service tax is to levied on Serv...
Service Tax – Cestat Ahmedabad: Pre–deposit made during inquiry and investigation in January and February, 2007 will not be eligible for interest as there was no relevant provision prevalent at that time and also Circula...
Service Tax – Cestat Mumbai: Issue of rejection of SEZ refund claim pertaining to club and association services, as not mentioned in the list of approved services – Held input services which are wholly consumed within SE...
Service Tax – Cestat Mumbai: After-sales support service in respect of providing technical parameters of the products, design and it in no way require the goods to be made physically available to the appellant, hence ser...
Service Tax – Cestat Chennai: Tax already paid to the Government can be adjusted towards the liability for the subsequent period - Assessee need not take the route of refund of excess tax paid as provided under Section 1...
Service Tax – Cestat Ahmedabad: As tax along with interest was settled without show cause notice, now show cause cannot be issued to demand penalty under extended period – Appeal allowed [Order attached]
Service Tax – Cestat Kolkata: In budget 2009, the refund scheme was simplified by providing self-certification or Chartered Accountant’s certification about co-relation and nexus between input Services & the exports – He...
Service Tax – Cestat Ahmedabad: To cover under “Works Contract” it is not necessary that activity should be carried out only in respect of new building, hence Painting work carried out on a civil structure to be classifi...
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