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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 Allahabad: As adjudicating authority had not formed an opinion that there is deliberate suppression with an intention to evade payment of service tax, demand beyond the normal period of limitation is...
Service tax – Supreme Court of India: Software put in the CD is “goods” for which Quick Heal has already paid sales tax, there is no separate service element in the transaction for levying Service tax: Impugned Order are...
Service Tax – CESTAT New Delhi: There was no charge of Service tax on works contract services under any other head before 1.6.2007 - Show cause notices demanding Service tax under the head “Pandal and Shamiana services”...
Service Tax – Cestat Kolkata: Revenue should undertake the reconciliation of the revenue realized contract wise, with the Service tax return, and accordingly determine the demand amount – Matter Remanded back.
Service Tax – High Court Karnataka: DGGI does not have the power to issue show cause notice – Petitioner can approach High Court challenging the issuance of show cause notice without its reply - Show Cause Notice is set...
Service Tax – CESTAT Kolkata: Valuation of taxable service - Higher or lower profit margin with respect to sale of goods cannot be a ground for questioning the value of a taxable service - Appeal allowed with consequenti...
Service Tax – CESTAT Ahmedabad: Merely because the original contracts could not be produced, the rejection of refund claim is not correct – Impugned order is set aside and remanded back [Order attached]
Service Tax: CESTAT Kolkata: General Clauses Act, 1897 states to compute the period of time, it is a rule to exclude the first and include the last day, hence rejection of refund application on the ground that it is dela...
Service Tax -CESTAT Kolkata: Marketing and distribution of SIM cards does not fall within the ambit of Business Auxiliary Service - Impugned Order set aside. [Order Attached]
Service Tax – Bombay High Court: Vodafone supplying International Inbound Roaming Services (IIR) and ILD services to Foreign Telecom Operators (FTOs) is export of service.
Service Tax – Karnataka High Court: Refund of Service tax paid by mistake on export of services cannot be denied merely on the grounds of limitation: Appeal allowed.
Service Tax – CESTAT Allahabad : SEZ unit is allowed to forego exemption and claim benefit of CENVAT Credit on input services as would have been available as refund; Demand not sustainable if the assessee has paid the am...
Service Tax - Cestat New Delhi: Cenvat Credit can be availed by the manufacturer on the basis of supplementary invoices; There is no Service tax liability on reimbursable part of the salary/ wages prior to 14.05.2015 -...
Service Tax – CESTAT Ahmedabad: Fabrication of structures fall within the definition of taxable service of “Commercial or Industrial Construction Service” and would not fall within the definition of “Erection, Commission...
Service Tax – Cestat Ahmedabad: Appellant is now provided an opportunity to produce the documents to adjudicating authorities to reconsider the case; Simultaneous penalties u/s 76 and 78 cannot be imposed.
Service tax – Cestat New Delhi: Composite works contract services involving supply of goods/deemed supply of goods and rendering services is classifiable as works contract services only.
Service tax – Bombay High Court: Petitioner ought to have been given a personal hearing before rejecting declaration filed under SVLDR, not providing so is against the principles of natural justice: Impugned Order is qua...
Service Tax – Cestat New Delhi: Appellant had borne the incidence of tax as NBCC had deducted it from the payments made to appellant, hence entitled to refund of the Service tax – Impugned Order rejecting the refund clai...
Service Tax –Cestat New Delhi: The appellant had been classifying its service under the CICS and Revenue never objected to it and, therefore, the appellant could have reasonably believed it to be the correct head – No ca...
Service Tax – Cestat Chennai: When the Cenvat amount is debited while filing the refund claim, the amount so debited has to be reckoned for computation of the balance in CENVAT credit amount: Appeal allowed.
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