STO 2016 CESTAT 116 [Date of Order: 2016-03-09] |
Demand: CHA Service: Amount reimbursed by service receiver not includible in the taxable value. |
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STO 2016 CESTAT 67 [Date of Order: 2016-03-09] |
Transportation of Goods by Road: Transportation Subsidy received from Government cannot be taxed. |
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STO 2016 CESTAT 60 [Date of Order: 2016-03-09] |
Consulting Engineering Service: Payment of service tax for the period prior to 18/4/2006 under reverse charge mechanism is liable to be set aside. |
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STO 2016 CESTAT 137 [Date of Order: 2016-03-07] |
Renting of Immovable Property: HUF: Penalty: In view of reasonableness of doubt that individuals may not be 'commercial concerns', section 80 of Finance Act, 1994 invoked to set aside the penalty imposed under section 78. |
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STO 2016 CESTAT 134 [Date of Order: 2016-03-07] |
Cenvat credit: Input services: Changes from 1.4.2011 in the definition: Services availed prior to this date and credit taken subsequently admissible as credit. |
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STO 2016 CESTAT 72 [Date of Order: 2016-03-07] |
Demand: Manpower Supply Service: The intention of the parties to the agreement is that it is a lumpsum contract for material handling and ancillary works. There is no whisper in the contracts for supply of manpower to Hindustan Zinc Ltd. The entire essence of contract is the execution of work detailed in the work schedules: Does not fall under Manpower Supply Service. |
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STO 2016 CESTAT 43 [Date of Order: 2016-03-07] |
Demand: Based on co-relation of challans with balance sheet: Observations made by the adjudicating authority in respect of ST 3return and TR. 6 invoices not being co-related is vague observations without any further details as to how the two documents are not in consonance with each other. When the assessee is taking specific plea that service tax on the various services, which were actually being provided by CIRT Pune, and service tax stand discharged by CIRT Pune, there was a legal obligation on the part of the adjudicating authority to verify the said fact from the jurisdictional Service tax authorities of Pune or to get the invoices and the ST 3 return filed by the CIRT Pune to be verified. |
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STO 2016 CESTAT 114 [Date of Order: 2016-03-04] |
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STO 2016 CESTAT 44 [Date of Order: 2016-03-04] |
Construction Service: Execution of sale deed transfers the ownership of property to the ultimate owner: Any services provided by seller till the execution of such sale deed will be in the nature of self service with no liability to service tax. |
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STO 2016 CESTAT 172 [Date of Order: 2016-03-03] |
Demand: ATM: Management, Maintenance or Repair: Services rendered by the appellant in respect of Automated Teller Machines cannot be taxed prior to 01.05.2006. |
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STO 2016 CESTAT 154 [Date of Order: 2016-03-03] |
Business Auxiliary Service: Appellants rendered service of promoting business of manufacturer abroad: Reverse charge mechanism: Service consumed abroad cannot be taxed under reverse charge. |
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STO 2016 CESTAT 151 [Date of Order: 2016-03-03] |
Demand: Hire Purchase Agreement: Rate of service tax: When the Hire purchase contract is entered, the taxable event occurs: Rate applicable on the date of agreement would be applicable. |
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STO 2016 CESTAT 89 [Date of Order: 2016-03-03] |
Demand: Cenvat Credit: Core issue is the eligibility of the appellants for credit of duty paid on MS Steel Angles/Towers, pre-fabricated shelters and parts thereon: the issue of the character of towers and shelters and parts to be immovable property, constitute the binding law: Credit inadmissible. |
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STO 2016 CESTAT 125 [Date of Order: 2016-03-02] |
Demand: Penalty: Short payment of service tax: Tax along with interest paid immediately on being pointed out: Sufficient cause shown for non payment: Section 80 invoked to waive penalty. |
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STO 2016 CESTAT 133 [Date of Order: 2016-02-29] |
Refund: Accumulated cenvat credit: Input-Output nexus: The appellants have been able to establish that the input services listed in the table were availed for providing output services.
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STO 2016 CESTAT 130 [Date of Order: 2016-02-29] |
Penalty: Section 78: Provisions of amended legislation: Erstwhile Section 78 of the Act does not exist after 8/4/2011 in view of its substitution by new Section 78 of the Act. Further in the present case, the Principle of Beneficial Construction also does not allow imposition of higher penalty under the provisions of erstwhile Section 78 of the Act. |
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STO 2016 CESTAT 50 [Date of Order: 2016-02-29] |
GTA Services: Utilisation of cenvat credit: Prior to 01.03.2008: There is no illegality in remittance of service tax by utilization of cenvat credit by a recipient GTA services. |
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STO 2016 CESTAT 176 [Date of Order: 2016-02-26] |
VCES Declaration: Arithmetical mistake is not deliberate mis-declaration of dues in the declaration. |
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STO 2016 CESTAT 79 [Date of Order: 2016-02-26] |
Demand: Cenvat credit of service tax paid on GTA for transporting goods to the buyer's premises was disallowed on the ground that it did not satisfy the conditions stipulated in Board's Circular No. 97/8/2007 dated 23.8.2007 inasmuch as the appellant could not demonstrate through documentary evidence like insurance cover etc. that it bore the risk of loss or damage during transit up to the destination: Invoices show price determined FOR destination: All 3 conditions of Board Circular fulfilled. |
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STO 2016 CESTAT 64 [Date of Order: 2016-02-26] |
Condonation of delay: Service of Order: Even though the order was received by the watchmen, it is proper service of the order and the applicant has not taken proper care for filing the appeal within time. |
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