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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 Ahmedabad: Fabrication of structures fall within the definition of taxable service of “Commercial or Industrial Construction Service” and would not fall within the definition of “Erection, Commission...
Service Tax – Cestat Ahmedabad: Appellant is now provided an opportunity to produce the documents to adjudicating authorities to reconsider the case; Simultaneous penalties u/s 76 and 78 cannot be imposed.
Service tax – Cestat New Delhi: Composite works contract services involving supply of goods/deemed supply of goods and rendering services is classifiable as works contract services only.
Service tax – Bombay High Court: Petitioner ought to have been given a personal hearing before rejecting declaration filed under SVLDR, not providing so is against the principles of natural justice: Impugned Order is qua...
Service Tax – Cestat New Delhi: Appellant had borne the incidence of tax as NBCC had deducted it from the payments made to appellant, hence entitled to refund of the Service tax – Impugned Order rejecting the refund clai...
Service Tax –Cestat New Delhi: The appellant had been classifying its service under the CICS and Revenue never objected to it and, therefore, the appellant could have reasonably believed it to be the correct head – No ca...
Service Tax – Cestat Chennai: When the Cenvat amount is debited while filing the refund claim, the amount so debited has to be reckoned for computation of the balance in CENVAT credit amount: Appeal allowed.
Service Tax – Cestat Chandigarh: Show cause notice under Section 73(3) cannot be issued if tax is paid before the notice has been issued – Appeal allowed.
Service Tax – Cestat New Delhi: Inclusion of Rajasthan and Chandigarh offices in centralised registration was a mere omission which was later corrected, therefore, the Principal Commissioner Service Tax, New Delhi had no...
Service Tax – Cestat Ahmadabad: As Revenue has not challenged the service reclassification activity before Commissioner (Appeals), hence the original assessment remains undisturbed.
Service Tax – Cestat New Delhi: The various options under Rule 6 are given to the assessee and the Revenue cannot choose one of the options and force it upon the assessee.
Service Tax –Cestat Ahmedabad: Matter remanded back to the Adjudicating Authority to decide the case afresh under Section 11B that whether the service tax paid by the appellant on ocean freight is legal and correct or ot...
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