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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 – 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 -...
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