CUSTOM&EXCISE&SERVICE TAX
Trading In Securities Is Not A Service, No Service Tax Payable: CESTAT
The Chennai Bench of Customs, Excise and Service Tax appellate Tribunal (CESTAT) has held that the no service tax payable on trading in securities is not a service.The bench of Sulekha Beevi.C.S. (Judicial Member) and Vasa Seshagiri Rao (Technical Member) has observed that by making an investment, the appellant does not do any activity for another for consideration. The specific exclusion...
ACD Refund Claim Can't Be Rejected For Non-Mentioning Of Period Particulars In CA Certificate: CESTAT
The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the Additional Duty of Customs (ADC) refund claim cannot be rejected for mere non-mentioning of period particulars in the CA certificate.The bench of M. Ajit Kumar (Technical Member) has observed that in the CA's certificate there is a non-mention of the period particulars to determine whether...
CESTAT Weekly Round-Up: 28 July To 3 August 2024
Discounts Declared For Small Mid Segment Cars Can't Be Allowed To Luxury Model Cars: CESTATCase Title: M/s. Toyota Kirloskar Motor Private Limited Versus The Commissioner of Central TaxThe Bangalore Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the cross-model utilisation of discounts is not admissible.No Service Tax Payable On Construction Services...
Cenvat Credit Refund Can't Be Denied For Quoting Wrong Rule: CESTAT
The Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that refund of Cenvat credit cannot be taken away because the appellant had quoted the wrong rule in filing its refund claim.The bench of Binu Tamta (Judicial Member) and P.V. Subba Rao (Technical Member) has observed that Cenvat credit was available to the appellant after the order of the Commissioner...
No Service Tax Payable On Banking Services Rendered By PNB To RBI: CESTAT
The Chandigarh Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that no service tax is payable on banking services rendered by Punjab National Bank (PNB) to the Reserve Bank of India (RBI).The bench of S. S. Garg (Judicial Member) and P. Anjani Kumar (Technical Member) has observed that the appellant bank is working as an agent of RBI in the discharge of...
EPS-ECU Meant Solely For Use In Automobiles With Power Steering: CESTAT Delhi Classifies Same Under CTI 8708 94 00
While finding that the EPS-ECU is meant solely for use in automobiles with power steering, the CESTAT New Delhi held that EPS-ECU, which is essentially a part of an automobile specifically designed to be a part of power steering and which has no other function, cannot be classified in the general residual entry of electrical machines and equipment. Hence, the CESTAT classified the...
CESTAT Tax Cases Monthly Round Up: July 2024
No Service Tax Payable By CIPLA On Manufacturing And Exporting Of Pharmaceutical Products: CESTATCase Title: Commissioner, Central Excise And Service Tax Versus CIPLAThe Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that no service tax is payable by Cipla on the manufacturing and export of pharmaceutical products.Samsung India Entitled To Customs...
Manufacturing Of Aircrafts Parts Covered Under “Engineering Goods”, No Excise Duty Payable: CESTAT
The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that excise duty exemption is available on the manufacturing of aircraft parts.The bench of Sulekha Beevi.C.S. (Judicial Member) and Vasa Seshagiri Rao (Technical Member) have observed that the engineering equipment would fall within the items that have been listed for exemption as per Notification No.10/97....
No Service Tax Payable On Construction Services Provided To Educational Institutions Prior To 30.06.2012: CESTAT
The Chennai Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that service tax is not payable on the construction services provided to educational institutions for the disputed period, which is prior to 30.06.2012.The bench of Sulekha Beevi.C.S. (Judicial Member) and Vasa Seshagiri Rao (Technical Member) have observed that when the building is solely used...
Discounts Declared For Small Mid Segment Cars Can't Be Allowed To Luxury Model Cars: CESTAT
The Bangalore Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the cross-model utilisation of discounts is not admissible.The bench of D.M. Misra (Judicial Member) and R. Bhagya Devi (Technical Member) has observed that the so-called special discount claimed to have been passed on by the appellant to the dealers is not a trade discount at all so as to...
CESTAT Weekly Round-Up: 21 To 27 July 2024
No Service Tax Payable By CIPLA On Manufacturing And Exporting Of Pharmaceutical Products: CESTATCase Title: Commissioner, Central Excise And Service Tax Versus CIPLAThe Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that no service tax is payable by Cipla on the manufacturing and export of pharmaceutical products.Samsung India Entitled To Customs...
Different Addresses, Registration Of Premises Not Pre Condition For Availing Cenvat Credit: CESTAT
The Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the registration of premises is not a condition precedent for availing cenvat credit.The bench of Suvendu Kumar Pati (Judicial Member) and Anil G. Shakkarwar (Technical Member) has observed that there is no allegation in the show cause notice that the services associated with the invoices in...