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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 Chennai: Appellant is one who has been availing of legal and consultative advice in various matters and have not shown that they were in receipt of contrary advice not to pay tax under RCM or sought...
Service Tax – Cestat Chennai: Services on which no Service tax is leviable under the Act is also included under the exempted services - Since no service tax is leviable on the works contract service rendered to Airport p...
Service Tax – Cestat Chennai: Service tax demand on incentives which are purely on the basis of sales and not for providing service of promoting is not sustainable; No Service tax on advance amount forfeited on cancellat...
Service Tax – Cestat Ahmedabad: Service of Erection, Commissioning and Installation in relation to transmission of electricity is not leviable to service tax – Appeal allowed [Order attached]
Service Tax – Cestat Bangalore: Credit of Service tax paid on the premium paid by the appellant on Insurance of gold has to be considered as input service – Appeal allowed [Order attached]
Service Tax – Cestat Chandigarh: Cenvat credit on invoice beyond one year cannot be denied only because it has been utilized late; and cannot be denied for the reason that such availment was not reflected in ST-3 Returns...
Service Tax – Cestat Mumbai: Revenue appeal dismissed as demand is purely on the basis of difference between ST-3 return and Income Tax returns, without any further examination – Appeal dismissed [Order attached]
Service Tax – Cestat Chandigarh: Amount of TDS paid is not includable in the gross value for the purpose of payment of Service tax – Appeal allowed [Order attached]
Service Tax – Cestat Allahabad: Income reflected in the Balance Sheet is for Income Tax purposes, which cannot be used to determine the Service Tax liability [Order attached]
Service Tax – Cestat New Delhi: Once the return was filed, the responsibility lies with the Department to examine/ scrutinize the returns in a timely manner - Since no evidence were brought on record to show that the app...
Service Tax – Cestat Chennai: TDS deposited to the Income Tax Department in relation to the payment made to the foreign service provider over and above the invoice value of the services, is not liable to service tax – Ap...
Service Tax – Cestat Ahmedabad: CENVAT Credit is available on goods related to supply and installation of Telecom tower – Appeal allowed [Order attached]

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