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Refund of excess duty paid - Debit / Credit Note - unjust enrichment - purchaser reversed the credit - Refund allowed - Tri SSI Exemption - notification No. 8/2003 dated 1.3.2003 - Period of limitation - declaration filed as on 14.4.2004 - SCN issued as on 5.4.2006, beyond one year - demand set aside - Tri Cenvat Credit - Input services - prior to date of registration - export of services - refund allowed - Tri Import of vessel for scrapping - who is the importer - on which the vessel is broken up would be the date on which it is taken for breaking i.e. the date of transfer from the Shipping Corporation of India to the respondent and not the date of beaching at Alang and on that date the importer would be Shipping Corporation of India. - HC TDS U/s 194-J OR 194C - AMC - Rendering of services by using technical knowledge or skill is different than charging fees for technical services - TDS to be deducted u/s 194C - Tri Service charges paid on software development to DERPOL - expenses claimed by the assessee are of revenue in nature - Tri Deduction u/s 80C - the payment of LIC premiums made during the previous year out of loan funds are also eligible for deduction u/s 80C - Tri Business of Life Insurance - Income transferred to policy holders' a/c. was not application of income-it was charge on income and therefore AO had rightly excluded it from taxation. - Tri Transfer pricing adjustment - selection of comparable - AO/TPO is directed to work out the ALP of the assessee with direction - Tri Consignment was not accompanied with down loaded transit declaration form - Except this default everything was found in order - the irresistible conclusion is that the seizure order is bad - HC Refund claim rejected - seller paid tax @ 12.5% instead of 4% - all that the Revenue could do is to proceed against the seller of the goods for charging the purchaser at a rate not legally sustainable - refund allowed - HC MRP based valuation - some of the dealers were ultimately selling these television sets on MRP higher than affixed by the assessee - no demand can be made against the assessee - Tri CENVAT credit on sulphuric acid used for treating the effluents - treatment of gases effluents is essential part of manufacturing of these chemicals. - credit allowed - Tri ISD - Freight Business Auxiliary - The appellant purchases coupons and issue to their employees - appellant failed to prove nexus - small amount - credit disallowed - Tri Cenvat Credit on input services availed without actually paying for the input services received in violation of the provisions of Rule 4(7) of CCR - pre deposit ordered equal to 50% interest amount. - Tri Business Support Services - No service tax on amount collected from customers to undertook the activity of registration of the car their behalf with the RTO authorities - Tri As there is no prohibition u/s 124 not to proceed against the importer, who has availed wrongful exemption of duty, this Court cannot restrain the respondents from proceedings further, unless there is anything contrary to law. - HC Refund of SAD - Notification No.102/2007 Cus - sale of goods after processing of cutting and slitting - It certainly does not loose its correlation with the goods imported when sold in the domestic market. - HC    Left Stop Right
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Service Tax
Showing 1 to 15 of 8119 Records

    2013 (6) TMI 389 - CESTAT AHMEDABAD

    M/s. C. Metric Solutions Pvt. Limited Versus Commissioner of Service Tax Ahmedabad

    Cenvat Credit - Input services - prior to date of registration - export of services - The second ground taken for rejection of the refund claim is that refund under Rule 5 of Cenvat Credit Rules, 2004 is permissible only if the dutiable goods are ex ......

    2013 (6) TMI 388 - CESTAT AHMEDABAD

    M/s. Powerband Versus Commissioner of Central Excise Daman

    Cenvat Credit - Input services - commission agent services - Rule 2(l) of CCR - Held that:- the appellant has been taking the services of the Commission Agent for sale of the final products which is an activity relating to business. - Credit allowed ......

    2013 (6) TMI 387 - CESTAT NEW DELHI

    DIRECTORATE OF MARKETING AND INSPECTION VERSUS CCE, JAIPUR-I

    Condonation of delay - appeal by DIRECTORATE OF MARKETING AND INSPECTION (DMI) - Held that:- There is no explanation for such long gaps in between various actions of the applicant. The appreciation of the entire consequence of events, as reflected in ......

    2013 (6) TMI 384 - CESTAT CHENNAI

    Bharti Televentures Ltd. Versus Commissioner of Service Tax, Chennai

    Sale of SIM Cards - bonafide belief - extended period of limitation - Held that:- following the decision in f Bharti Hexacom Ltd. Vs CCE Jaipur [2013 (6) TMI 369 - CESTAT NEW DELHI] levy of service tax for the normal period is confirmed annulling t ......

    2013 (6) TMI 369 - CESTAT NEW DELHI

    BHARTI HEXACOM LTD VERSUS COMMISSIONER OF CENTRAL EXCISE, JAIPUR

    Sale of SIM Cards - bonafide belief - Held that:- Considering above fair proposition of appellant and also looking to the journey the litigations have traveled to reach to the finality, it would not be proper to impose penalty for disputed question o ......

    2013 (6) TMI 368 - CESTAT CHENNAI

    Babu Industrials Works Versus Commissioner of Central Excise, Puducherry

    Appeal before commissioner appeals - delay in filing an appeal - Held that:- It is now well settled that the lower appellate authority has no power to condone the delay in filing the appeal if such delay is beyond the condonable period, which in res ......

    2013 (6) TMI 367 - CESTAT BANGALORE

    The Commissioner of Customs and Central Excise Guntur Versus M/s. Cholayil (P) Ltd.

    ISD - Input service distributor - The credit has been taken in respect of services like Group Insurance of Employees, Health Insurance of employees, Rent-a-cab services, Air Travel Services, etc. Revenue was of the view that these services did not ha ......

    2013 (6) TMI 366 - CESTAT MUMBAI

    VODAFONE ESSAR CELLULAR LTD. Versus COMMR. OF C. EX. & S. T., PUNE-III

    Cenvat Credit on input services availed without actually paying for the input services received in violation of the provisions of Rule 4(7) of the CENVAT Credit Rules, 2004. - Non payment of interest on delayed payment of service tax - Removal of c ......

    2013 (6) TMI 361 - CESTAT MUMBAI

    MY CAR PUNE PVT LTD VERSUS COMMISSIONER OF CENTRAL EXCISE, PUNE-I

    Business Support Services - collected of excess amount to undertook the activity of registration of the car on behalf of the buyers with the RTO authorities - Dealer of Maruti Cars - Held that:- To qualify within this definition of “Support services ......

    2013 (6) TMI 341 - CESTAT MUMBAI

    PAGARIA AUTO PVT LTD VERSUS COMMISSIONER OF CENTRAL EXCISE, CUSTOMS & ST, AURANGABAD

    Appeal dismissed as time bared - Held that:- When the case came up for hearing last time, the department was directed to produce evidence towards service of the order dated 29/03/2010 to the appellant. Now, the Commissionerate has reported that they ......

    2013 (6) TMI 340 - CESTAT NEW DELHI

    M/s. Daya Shankar Kailash Chand Versus CCE& ST, Lucknow

    Levy of ST on sale of SIM Cards of BSNL - extended period of limitation - held that:- activity of purchase and sale of SIM card belonging to BSNL where BSNL has discharged the service tax on the full value of the SIM cards, does not amount to providi ......

    2013 (6) TMI 339 - CESTAT NEW DELHI

    G. R. Movers Versus Commissioner of Central Excise, Lucknow

    Levy of ST on sale of SIM Cards of BSNL - extended period of limitation - Held that:- Interestingly the services of selling agent or a distributor of SIM cards or recharge coupon vouchers have been exempted from service tax vide entry No. 29 in Noti ......

    2013 (6) TMI 338 - CESTAT AHMEDABAD

    RELIANCE PORTS & TERMINALS LTD. Versus COMMISSIONER OF C. EX., RAJKOT

    Provision of services to SEZ - exemption by way of refund mechanism - non payment of service tax - Notification no. 9/2009-ST dated 3-3-2009 - Held that:- when only during the gap of 2 months the appellant did not pay the Service Tax and it was avai ......

    2013 (6) TMI 318 - MADRAS HIGH COURT

    M/s ALUMINIUM & GLAZING, CHENNAI VERSUS COMMISSIONER OF CENTRAL EXCISE (APPEALS) CHENNAI & OTHERS.

    Benefit of abatement of 67% denied - Service tax demanded under the category of "commercial or industrial construction services and construction of residential complex services" - writ petition against the order of the learned Single Judge [2013 (3) ......

    2013 (6) TMI 317 - CESTAT NEW DELHI

    CCE, Meerut Versus M/s. Virendra Electric Works and M/s. Bist Engineers

    Levy of ST on sale of SIM Cards of BSNL - extended period of limitation - held that:- activity of purchase and sale of SIM card belonging to BSNL where BSNL has discharged the service tax on the full value of the SIM cards, does not amount to provid ......

   
 
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