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Since the Director of the appellant-company was actively involved in the day to day activity of the appellant-company penalty on him under Rule 26 has been correctly imposed. - Tri In absence of direct or indirect involvement of the Managing Director in the clandestine removal of the goods no personal penalty under Rule 26 is imposable on him. - Tri Cenvat Credit denied - galvanization does not amount to the manufacture - The duty paid on the G.P. Coils etc., is more than Cenvat Credit taken and needs to be adjusted against the demand of the Cenvat Credit. - Tri Extended period of limitation - in cases of intention to evade duty relevant date for computation of extended period for show cause is the date of knowledge - Tri Rejection of transaction value and enhancement of assessable value has to be on the basis of some evidences on record. - NIDB data cannot be made the basis for enhancement of value - Tri MAT - Agriculture income - sale of tea plant - Since these two items are of agricultural income it should be allowed as deduction while computing income u/s. 115JB being book profit - Tri Re-assessment - No addition is made rather from the records the information available was used for making disallowance - the order of reopening is quashed - Tri Performance incentive paid to employees - tds - the estimated TDS deducted in a bona fide manner as per the settled legal position cannot be faulted with. - Tri Disallowance of expenditure in computing the income under the head capital gains - cost of making the title complete and perfect can be treated as the 'cost of acquisition' falling u/s. 48. - Tri True, genuine and bona fide transactions, even if made below par, the fair market valuation would not have any tax implication, being only undertaken in the normal course of business and in its interest.l - Tri Guilty of willful omission - in the normal course, there would be no reason for the selling dealer to doubt the declaration made by the purchasing dealer, in the Form ST-1 - HC Expression tax due as appearing in section 27(1) has to be read in conjunction with provisions of section 21(3) and interest u/s 27(1) is payable only on the tax due according to the return filed - HC Trade tax on mushroom - mushroom has been excluded from category of fresh fruits and green vegetables. - not exempted - HC The CLB has, under the garb of doing substantial justice, granted extreme directions under Section 402, enabling the Respondents to achieve indirectly a virtual veto right on all issues and the ability to paralyze the functioning of the Company - HC Amalgamation - u/s 391 the C. Govt. & IT Authority do not have any powers to intervene or to be heard on any scheme which is filed seeking sanction of the Court - HC Payment of commission to relatives for the services rendered by them for promoting sales. - genuineness of commission established - deduction allowed - HC Rejection of the application for registration – Manufacture of cigarettes - No condition regarding issue of licence under IRDA Act by Ministry of Commerce and Industry, before the issue of Central excise registration certificate - refusal of registration is incorrect - Tri Penalty u/s 78 - Changeability of service tax on rent income classifiable under the category of Renting of Immovable Property. - penalty imposed set aside. - Tri    Left Stop Right
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Service Tax
Showing 1 to 15 of 8033 Records

    2013 (5) TMI 564 - CESTAT AHMEDABAD

    M/s. Kalpena Industries Ltd. Versus CST Vapi

    Claiming abatement - Notification No. 32/2004-ST - The issue involved in this case is regarding the differential service tax liability that has been demanded and confirmed against the appellant for availing ineligible abatement of 75% of the value o ......

    2013 (5) TMI 563 - CESTAT CHENNAI

    M/s. Elgi Equipments Ltd. Versus CCE, Coimbatore

    Refund claim rejected - Time barred u/s 11B - Appellant erroneously paid service tax on rents received from the Central Excise Department for their finding, which is exempted from Service Tax. As per appellant this is a mere deposit and it cannot be ......

    2013 (5) TMI 562 - CESTAT CHENNAI

    M/s. Bharat Sanchar Nigam Ltd. Versus CCE (ST), Madurai

    Cenvat credit denied - Demand of interest/penalty - Reversal of entire credit by appellant before issuance of SCN - Held that:- Perusing the records, it is seen that the appellant availed CENVAT credit and the amount was paid by the service provider. ......

    2013 (5) TMI 538 - CESTAT AHMEDABAD

    M/s. Euro Ceramics Ltd. Versus Rajkot

    Penalty u/s 78 - Changeability of service tax on rent income classifiable under the category of Renting of Immovable Property. Held that:- Appellant has discharged the service tax liability and interest which has been appropriated in the o ......

    2013 (5) TMI 537 - CESTAT AHMEDABAD

    Indofil Chemicals Co. Versus CCE, Vapi

    Refund claim - GTA services – Rejection of refund claim as appellant has not produced the documentary evidences in respect of taxable services being provided to SEZ and consumed partially or wholly outside the SEZ. Held that:- Perusing of ......

    2013 (5) TMI 536 - CESTAT AHMEDABAD

    M/s. Aaryan Mines and Minersla Corpn. Versus CCE Rajkot

    Refund of service tax - export of goods - notification No.41/2007-ST dated 6.10.07 - The appellants have submitted that there was gross violation of principles of natural justice in this case and therefore they are required to be given another oppor ......

    2013 (5) TMI 535 - CESTAT NEW DELHI

    ARIHANT CONSTRUCTION Versus COMMISSIONER OF CENTRAL EXCISE, JAIPUR-II

    Construction of complex - several quarters for Kendriya Vidyalaya - These residential quarters were distributed in different buildings in the same compound. None of the buildings had more than 12 flats in each building. - held that:- The definition ......

    2013 (5) TMI 534 - CESTAT CHENNAI

    GEM TYRE RETREADERS Versus COMMISSIONER OF CENTRAL EXCISE, CHENNAI

    Retreading of old tyres - Maintenance and Repair service - benefit of Notification No. 12/2003-S.T., dated 20-6-2003 - held that:- This issue is covered in favour of Revenue in [2012 (6) TMI 719 - CESTAT], whereby the Tribunal denied the benefit of t ......

    2013 (5) TMI 512 - CESTAT NEW DELHI

    Devi Chand Versus Commissioner of C. Ex. Lucknow

    Cross-objections filed before Commissioner (Appeals) against service tax demand - whether be treated as an appeal filled? - Held that:- Favour in the argument of DR that assessee has not been able to show any provision of law indicating that cross-ob ......

    2013 (5) TMI 506 - CESTAT AHMEDABAD

    CCE Vapi Versus M/s. Alok Industries Ltd.

    Services received from overseas commission agents - import of service - business auxiliary service - held that:- it was held that levy of service tax on a person who is resident in India and who receives services from service provider abroad who doe ......

    2013 (5) TMI 505 - RAJASTHAN HIGH COURT

    SARYU KAMAL BUILDERS Versus ASTT. /DY. COMMR. SERVICE TAX DIVISION, JAIPUR

    Recovery of service tax while appeal is pending before tribunal - recovery notice published in Daily News Paper ‘Dainik Bhaskar’ dated 28-1-2012 - held that:- it is clear that it is only a general notice issued to all parties/service providers to d ......

    2013 (5) TMI 504 - COMMISSIONER OF CENTRAL EXCISE (APPEALS), CHENNAI

    IN RE : SUNDARAM CLAYTON LIMITED

    Refund of service tax paid on Courier agency service used for export of goods - export of documents and samples - held that:- the transportation of documents and samples by courier service are admitted as taxable service to claim refund but the cond ......

    2013 (5) TMI 503 - CESTAT AHMEDABAD

    M/s. Atwal & Associates Versus CCE Bhavnagar

    First appellate authority rejected the appeal for non-compliance with the pre-deposit of 25% of the amount of service tax confirmed by the adjudicating authority. - held that:- the appellant may be covered under the services which has been classified ......

    2013 (5) TMI 479 - CESTAT BANGALORE

    BUHLER INDIA PVT. LTD. Versus COMMISSIONER OF SERVICE TAX, BANGALORE

    Stay - Business Auxiliary Service’ (BAS) - export - exemption Notification No. 21/2003-S.T., dated 20-11-2003 - service recipient is located abroad with no office in India. - held that:- It is not in dispute that the appellant was rendering ‘Busine ......

    2013 (5) TMI 478 - ALLAHABAD HIGH COURT

    M/S Anil Kumar & Company Versus Union of India & Others

    Levy of service tax - Electrification work of underground cabling, lightning work, external electrification, shifting work and electrification of roads - constructions of 11 KV sub stations and external electrification work. - agreement with Ghaziaba ......

   
 
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