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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 Allahabad: Even if diesel is considered to be free of cost supplied by the service recipient to the service provider, no service tax can be levied - Diesel cannot be considered as an input for the pr...
Service Tax – Cestat Kolkata: Maintenance and Repair services provided to Nepal client can not be treated as export of service as the Nepali currency is not termed as “Convertible Foreign Exchange" - As the Service tax i...
Service Tax – Cestat Allahabad: Without initiating the proceedings in terms of Rule 14 of CENVAT Credit Rules, CENVAT credit cannot be denied during the refund proceedings – Cash refund allowed in terms of Section 142 of...
Service Tax – Cestat Kolkata: Appeal filed after more than 43 months, 40 months and 37 months, way beyond the condonable period of three months - There is no power vested with the Tribunal, High Court and Supreme Court t...
Service Tax – Cestat Mumbai: Statutory limitation periods are not applicable to amounts paid under mistake of law since the service tax invoice itself is cancelled, so there was no appropriation of the amount as tax - Re...
Service Tax – Cestat New Delhi: There is no scope for passing on the burden of any service tax at the stage when no service tax was paid on submitting the bids to the clients- the clause of unjust enrichment would not ap...
Service Tax – Cestat New Delhi: ‘Services relating to transmission of electricity’ also include the services of installation of transmission towers for electricity and no service tax is payable – Appeal allowed [Order at...
Service Tax – Cestat New Delhi: As the activity rendered by the appellant involves the element of goods i.e. wooden crates as well as the element of service i.e. the packing activity, it shall be called as Works Contract...
Service Tax – Cestat Ahmedabad: service tax cannot be demanded twice even though the person who is liable to pay the service tax has not discharged the service tax but some other person has discharged the service tax on...
Service Tax – Cestat Chennai: Demand of Service tax on ocean freight/ air freight or the mark-up on the above received by the appellant cannot be subject to levy of Service Tax – Appeal allowed [Order attached]
Service Tax – Cestat Chennai: If the activities of “clearing‟ and “forwarding‟ is rendered by same person and by separate agreements, the freight forwarding is to be included in the taxable value for C & F service – Appe...
Service Tax – Cestat Hyderabad: Appellants have incurred charges towards Consultancy for Provident Fund, ROC filing, CMA data preparation, RTA charges, etc., which have not been received from individual Advocate or a fir...

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