2018 (7) TMI 1339
Review of order - Held that - We have perused the Review Petitions as well as the grounds in support thereof. In our opinion, no case for review of order is made out........ + More
2018 (7) TMI 1338
Condonation of delay in filing appeal - Held that - The civil appeal is dismissed on the ground of delay in terms of the signed order........ + More
2018 (7) TMI 1057
Business Auxiliary service or not? - purchase and sale of liquor - canalising agency - Held that - The Special Leave Petition is dismissed........ + More
2018 (7) TMI 442
Valuation of taxable service - works Contract - inclusion of FOC material - Section 67 of Finance Act - Held that - The issue is squarely covered by the decision in the case of COMMISSIONER OF SERVICE TAX ETC. VERSUS M/S. BHAYANA BUILDERS (P) LTD. ETC. 2018 (2) TMI 1325 - SUPREME COURT OF INDIA , where it was held that The value of the goods/materials cannot be added for the purpose of aforesaid notification dated September 10, 2004, as amended b....... + More
2018 (6) TMI 1441
Cargo handling service - service tax demand and penalty of identical amount u/s 78, 75A, 76 and 77 - the decision in the case of SINGH TRANSPORTERS VERSUS COMMISSIONER OF CENTRAL EXCISE, RAIPUR 2012 (7) TMI 566 - CESTAT, NEW DELHI contested - Held that - The decision in the above case upheld - There is no merit in the present appeal - present appeal dismissed........ + More
2018 (6) TMI 1440
Condonation of delay of 72 days in filing appeal before CESTAT, South Zonal Bench at Chennai - Held that - There cannot be any dispute that such a delay is condonable - the matter remanded to the Tribunal for hearing the appeal on merits - appeal allowed........ + More
2018 (6) TMI 1439
Consulting Engineering Service - the decision in the case of SUPER SALES AGENCIES LTD. VERSUS COMMISSIONER OF C. EX., COIMBATORE 2017 (11) TMI 402 - CESTAT CHENNAI contested - Held that - We are not inclined to interfere with the impugned order passed by the Learned Customs, Excise and Service Tax Appellate Tribunal - appeal dismissed........ + More
2018 (6) TMI 1438
Mining services - the appellant is described as Contractor for the mines owner and was required to undertake mining, crushing, screening and transportation of different materials from the mines making use of their technical, commercial and managerial expertise - the decision in the case of M/S. HIND METALS & INDUSTRIES (P) LTD. VERSUS COMMR. OF CENTRAL EXCISE, CUSTOMS & SERVICE TAX 2017 (9) TMI 1326 - CESTAT KOLKATA contested - Held that ....... + More
2018 (6) TMI 1437
Maintainability of appeal - issue relates to taxability - the decision in the case of Commissioner Versus Saint Gobain Gyproc India Ltd. 2017 (5) TMI 1575 - PUNJAB & HARYANA HIGH COURT contested, where reliance placed in the case of COMMISSIONER SERVICE TAX VERSUS DLF GOLF RESORTS LTD. 2017 (5) TMI 402 - PUNJAB AND HARYANA HIGH COURT where it was held that the appeal against such an order is not maintainable under Section 35G and it is mainta....... + More
2018 (6) TMI 1436
Penalty - even before a SCN could be issued, the respondent-assessee paid the duty involved together with interest on the duty short-paid by them - the decision in the case of THE COMMISSIONER OF CENTRAL EXCISE, VISAKHAPATNAM VERSUS M/S. TIRUPATHI FUELS PVT LTD. 2017 (6) TMI 477 - ANDHRA PRADESH HIGH COURT contested - Held that - The decision in the above case upheld - SLP dismissed........ + More
2018 (6) TMI 1163
Construction of petrol pumps for Indian Oil Corporation Ltd. - the decision in the case of M/S EXCEL ENGINEERING VERSUS COMMISSIONER OF CENTRAL EXCISE & S.T., MEERUT-II AND VICE-VERSA 2017 (2) TMI 490 - CESTAT ALLAHABAD contested - Held that - there is no reason to interfere with the judgment under appeal - delay condoned - Appeal dismissed........ + More
2018 (5) TMI 1367
Renting of immovable property service - whether service tax under Section 65(105)(zzzz) of the Finance Act, 1994 on renting of immovable property or any other service in relation to such renting, for use in the course of or, for furtherance of, business or commerce is within the legislative competence of the Union Parliament? - Held that - The question is directly relatable to the scope and ambit of Entry 49 of List II of the Seventh Schedule to ....... + More
2018 (5) TMI 891
Liability of service tax - market fees or mandi shulk - lease amount - appellant charged market fee for issuing licence to traders, agents, factory/cold storage owners or other buyers of other agricultural produce - the decision in the case of M/s. Krishi Upaj Mandi Samiti And Others Versus CCE & ST, Jaipur I & Jaipur II 2017 (5) TMI 1465 - CESTAT NEW DELHI contested - Held that - Delay condoned - Leave granted - Tag with Civil Appeal No........ + More
2018 (4) TMI 1461
Invocation of extended period of imitation - section 73 (1) of the FA, 1994 - decision in the case of The Commissioner of Central Excise Customs & Service Tax Versus M/s Suvidha Engineers India Ltd. 2017 (2) TMI 674 - ALLAHABAD HIGH COURT contested - Held that - there is no ground to interfere with the impugned order - SLP dismissed........ + More
2018 (4) TMI 1460
Leave of the court for Withdrawal of present SLP and instead file an appeal challenging the order of the Customs, Excise and Service Tax Appellate Tribunal - the decision in the case of Commissioner Versus Punjab Technical University 2017 (3) TMI 1657 - PUNJAB & HARYANA HIGH COURT referred - Held that - Leave as prayed for is granted - SLP dismissed as not pressed........ + More
2018 (4) TMI 1459
Services to SEZ developer - N/N. 04/2004-ST - the decision in the case of Commissioner of Service Tax-I Versus Fedco Paints and Contracts 2017 (5) TMI 338 - CESTAT MUMBAI contested - Held that - The appeal is dismissed on the ground of delay........ + More
2018 (4) TMI 1458
Valuation - Business Auxiliary Service - additional consideration in the form of iron ore fines emerging during the course of such crushing - the decision in the case of M/s Godawari Power & Ispat Ltd. (formerly known as Hira Industries Ltd. Versus CCE, Raipur 2017 (5) TMI 704 - CESTAT NEW DELHI contested - Held that - there is no merit in the present appeal - Admission is refused and the civil appeal is, accordingly, dismissed........ + More
2018 (4) TMI 1394
Deposit of deficit court fees with regard to the case Mewar Foods Versus Commissioner of Central Excise, Jaipur 2016 (12) TMI 1713 - CESTAT NEW DELHI - Held that - three weeks time granted to deposit the deficit court fees of ₹ 14000/- (Rupees Fourteen Thousand only) as a last opportunity, failing which the appeal shall stand dismissed for non-prosecution without further reference to the Court........ + More
2018 (3) TMI 1012
Interim stay on the payment of the disputed tax liability - the decision in the case of M/s N.V. Marketing Pvt. Ltd. Versus CST, Delhi 2017 (11) TMI 1406 - CESTAT NEW DELHI contested upon - Held that - there will be interim stay on the payment of the disputed tax liability subject to the condition that the appellant gives a bank guarantee for the amount of the disputed liability........ + More
2018 (3) TMI 357
Valuation - reimbursement of expenses - includibility - Rule 5 of the Service Tax (Determination of Value) Rules, 2006 - whether Section 67 of the Act permits the subordinate legislation to be enacted in the said manner, as done by Rule 5? - Held that - The plain meaning which is to be attached to Section 67 (unamended, i.e., prior to May 01, 2006) or after its amendment, with effect from, May 01, 2006. Once this interpretation is to be given to ....... + More
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