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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 – New Delhi High Court: The amount of tax dues confirmed by the original authority in the first round of litigation is only required to be paid by the Petitioner, since the said assessment was accepted by the...
Service tax – Cestat New Delhi: Demand prior to July 2007 is not taxable under “works contract services” - For the period post July 2007, works contracts could be changed only under “Works Contract Service” and as there...
Service tax – Cestat Mumbai: Appellant is, squarely and singularly, responsible for failure to furnish proof of the required availability of credit till the date of write off - Appellant not being demonstrative of substa...
Service tax – Cestat Mumbai: Refund towards export of services cannot be denied on ground that there is no nexus between the input service used in export of service – Appeal allowed [Order attached]
Service tax – Cestat Mumbai: Registration is not relevant in the absence of evidence of non-utilization of the capital goods in rendering of ‘output service’ and of eligibility to credit even if the address on invoices i...
Service tax – Cestat New Delhi: As the appellant carried out activity in the capacity of co-developer on principal to principal basis and not as agent, therefore, it cannot be alleged that appellant have provided Busines...
Service Tax – Cestat Ahmedabad: Part of the construction activity even if outside of SEZ, does not mean that service was received for other than authorised operations – Also, CHA services used by SEZ is allowed for refun...
Service Tax – Cestat Ahmedabad: Cenvat credit is available in respect to input service used in the non-taxable output service on which the service tax is paid - Appellant have paid more amount of service tax as against t...
Service Tax - Cestat Ahmedabad: Discount given by M/s. Maruti Suzuki India Ltd. basis yearly performance to the appellant in connection with sale of vehicles is not a consideration hence is not liable to Service tax – Ap...
Service tax – Cestat Mumbai: As members of the Co-operative Housing Society are providing services to themselves, they are not liable to pay service tax at all, and once it has been held that they are not liable to pay s...
Service tax – Cestat Mumbai: Refund can be filed by the recipient who has borne the incidence of tax and relevant date to file refund would fall within the definition of sub-clause (f) of Section 11(5)(B) of the Central...
Service tax – Cestat Mumbai: As availment of Cenvat credit on Business Travel Service, Membership of club or Association and Event Management Service has not been disputed by department, refund benefit cannot be denied o...
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