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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: 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...
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...
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