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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: 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...
Service tax – Cestat Allahabad: No intention of law makers to levy Service tax on services provided by individual truck owner operators, by relying on speech of Hon’ble Finance Minister on 08.07.2004 – Impugned Order is...
Service tax – Cestat Kolkata: As the Service tax was paid before issuance of show cause notice, proceedings should have been completed before issuing Show Cause Notice under extended period of limitation: Appeal allowed...
Service Tax – Cestat Ahmedabad: Rejection of Cenvat Credit basis statements of the service provider that no invoice was issued – Held that it is incumbent on the adjudicating authority to provide cross examination of iss...
Service Tax – Cestat Chandigarh: Without verification, no demand can be raised basis amount reflected in Form 26AS - Appeal partly allowed [order attached]
Service tax – Cestat Kolkata: Post auditing the records by the Department, demand cannot be raised for the same period on account of change in the opinion; Where the demand is merely based on the data appearing in the In...
Service Tax – Cestat Kolkata: Cenvat allowed on input services basis debit note as it contains all the disclosures as required in a tax invoice as per Rule 4A; Without disputing consumption/utilisation of input service,...
Service tax – Cestat Ahmedabad: Delay should have been condoned as refund application was filed within 30 days, after stipulated period of 60 days - Corporations constituted under the act of State Government are “governm...
Service Tax - Cestat Hyderabad: Reimbursements of water, electricity and diesel charges where there is no profit element are not liable to Service tax; No Service tax is leviable on termination charges collected from cus...
Service Tax – Cestat Allahabad: Question of allowing part amount of refund claim which was earlier missed to be filed with the main refund claim – Held that each claim of refund is a separate application and needs to be...

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