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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: Vodafone is not required to reverse the Cenvat credit on capital goods after demerger as there is no physical removal of capital goods from its premises – Impugned Order is set aside.
Service Tax – Cestat Chennai: Refund of EC, SHEC and KKC is allowed as availment of Cenvat Credit is a vested right - appeal allowed with consequential reliefs.
Service Tax – Cestat Chennai: Time limit for consideration of refund claim under Rule 5 of the CCR is the end of the quarter in which FIRC is received, in cases where the refund claims are filed on a quarterly basis, and...
Service Tax – Cestat Ahmedabad: Refund is eligible to SEZ unit for receiving marketing services from DTA unit, even when DTA is not a separate legal entity; Merely for the reason that the service is not included in the a...
Service Tax – Cestat Ahmadabad: Penalty under extended period of limitation is not invokable as SCN does not mention that suppression was with an intention to evade payment of service tax – Appeal allowed.
Service Tax – Cestat Ahmedabad: Right to claim refund crystallized only when the service tax was deposited and not from first day of month following quarter in which export made – Appellant is eligible for refund claim.
Service Tax – Cestat Ahmedabad: There is no provision for condoning delay in filing refund claim beyond one year – Refund rightly rejected.
Service Tax – Cestat New Delhi: Reimbursement of expenses shall be excluded from the value of taxable service - Rule 5 under which the tax was demanded itself has been ultra vires by Supreme Court in the case of Intercon...
Service Tax - Cestat Kolkata: Appeal filed within the condonable period of additional 30 days, appeal allowed and remanded back for adjudication, allowing reasonable opportunity of being heard.
Service Tax - Cestat New Delhi: Refund application filed through speed post was within the time limit; Also, Service tax deposited has changed the character of revenue deposit, no limitation is applicable on it – Directe...
Service tax- Cestat, New Delhi: Service tax not to be levied on the amount representing reimbursement of expenses like conveyance, travelling and mobile expenses incurred by Chartered Accountant for providing services.
Service Tax – Cestat Chennai: The activity of camp mobilisation and demobilisation in the nature of camp establishment and maintenance, cable laying, shooting and shot hole drilling, does not fall under the category of ‘...
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