2017 (8) TMI 702 - SUPREME COURT
Commissioner Versus CMS (India) Operations and Maintenance Company Pvt. Ltd.
Maintainability of appeal before High Court - Classification of taxable service - Section 65A(2)(b) of Finance Act, 1994 - the decision in the case of The Commissioner of Central Excise Versus Customs, Excise and Service Tax Appellate Tribunal, M/s. CMS (India) Operations & Maintenance Company P. Ltd 2016 (6) TMI 876 - MADRAS HIGH COURT contested, where it was held that While adverting to the contentious issues raised and answered and testing....... + More
2017 (8) TMI 603 - SUPREME COURT OF INDIA
M/s. Shoeline Versus Commissioner of Service Tax & Ors.
Belated appeal - Import of services before 1.4.2006 - Business Auxiliary Service - commission paid to overseas agents - service tax was paid but no interest and penalty - maintainability of appeal - alternative remedy of appeal - Held that - The Joint Commissioner had passed the orders on February 27, 2008. No statutory appeal was preferred by the appellant challenging that order. The writ petition was filed only in March, 2012. During this perio....... + More
2017 (7) TMI 494 - SUPREME COURT
Commissioner of Central Excise And Service Tax, Raipur Versus Singh Transporters
Transportation of coal - taxability - Whether the goods i.e. coal transported by the respondent Singh Transporters from the pit-heads to the railway sidings would fall within taxable service as defined under Section 65(105) (zzzy) of the Service Tax Act of 1994 or as defined under Section 65(105)(zzp) of the Act? - definition of the term mines under Section 2(j) of the Mines Act, 1952 - Held that - a mine is not to be understood necessarily in re....... + More
2017 (7) TMI 224 - SUPREME COURT OF INDIA
Union of India And Ors. Versus M/s. Margadarshi Chit Funds (P) Ltd. Etc
Nature of activity of chit fund business - cash management / fund management - whether classifiable under the category of banking and other financial services - admittedly upto June 14, 2007, chit fund business was not exigible to service tax. Likewise, from July 01, 2012 to June 14, 2015, no service tax was payable. Present dispute concerns the intervening period from June 15, 2007 to June 30, 2012 - It has been brought specifically within the d....... + More
2017 (6) TMI 166 - SUPREME COURT
Satya Nand Jha Versus Union of India and Others
Maintainability of petition - pre-deposit - amended provisions of with effect from 6th August, 2014 by section 105 of the Finance ( No.2) Act, 2014 - vires of substituted section. - SC dismissed the SLP against the decision in the case of Sri Satya Nand Jha, R/o Staff Quarters, Kendriya Vidyalay, Versus Union of India, through the Secretary, Ministry of Finance, New Delhi, Customs Excise and Service Tax Appellate Tribunal, Eastern Zonal Bench Kol....... + More
2017 (5) TMI 1259 - SUPREME COURT
Future Link India Versus Commissioner of Central Excise, Delhi
Suppression of facts - Penalty u/s 78 of the FA, 1994 - failure to discharge liability of tax - intention to evade duty present or not - extended period of limitation - the decision in the case of Future Link India Versus The Commissioner Of Central Excise, Delhi- III 2016 (12) TMI 1279 - DELHI HIGH COURT contested, where it was held that the assessee/appellant has the option to deposit the balance service tax together with accumulated interest a....... + More
2017 (5) TMI 661 - SUPREME COURT
M/s Competent Automobiles Co. Ltd. Versus Commissioner of Service Tax
Business Auxiliary Services - receipt of commission - the decision in the case of Competent Automobiles Co. Ltd. Versus Commissioner of Service Tax 2017 (3) TMI 376 - DELHI HIGH COURT contested - SLP dismissed........ + More
2017 (5) TMI 237 - SUPREME COURT
Amway India Enterprises Pvt. Ltd. Versus Commissioner of Service Tax New Delhi
Franchisee service - Invocation of extended period of limitation - whether the appellant gave to the distributors representational right to sell its products i.e. products identified with it - the decision in the case of Amway India Enterprises Pvt. Ltd. Versus Commissioner 2017 (4) TMI 510 - SUPREME COURT contested - Held that - there is no merit in the review petitions and the same are accordingly dismissed........ + More
2017 (4) TMI 584 - SUPREME COURT
Commissioner Versus Sobha Developers Ltd.
Commercial or industrial construction service - Works Contract - Levy of service tax prior to 1.6.2007 - the decision in the case of Sobha Developers Ltd. Versus Commissioner of Central Excise and Service Tax, Bangalore 2009 (9) TMI 342 - CESTAT, BANGALORE contested - Held that - The present appeals, therefore, will be squarely covered by the decision of this Court in Larsen and Toubro Limited 2015 (8) TMI 749 - SUPREME COURT - appeal dismissed -....... + More
2017 (4) TMI 510 - SUPREME COURT
Amway India Enterprises Pvt. Ltd. Versus Commissioner
Franchisee service - Invocation of extended period of limitation - whether the appellant gave to the distributors representational right to sell its products i.e. products identified with it - Supreme Court dismissed the appeal against the decision of tribunal 2015 (5) TMI 705 - CESTAT NEW DELHI ....... + More
2017 (4) TMI 509 - SUPREME COURT
Commissioner Versus Jet Airways (I) Ltd.
Demand of service tax - Transportation of goods by air - whether the service tax payable on excess baggage charges paid by the passengers at the time of boarding the aircraft - Extended period of limitation - Supreme Court dismissed the revenue appeal against the decision of tribunal 2015 (11) TMI 54 - CESTAT MUMBAI (LB) ....... + More
2017 (4) TMI 508 - SUPREME COURT
Premier Motor Garage Versus Commissioner
Condonation of delay - Whether there was sufficient cause for condonation of delay in filing the appeal - Demand of Service tax alongwith interest and penalty - Supreme Court dismissed the appeal against the decision of High Court 2016 (5) TMI 567 - PUNJAB AND HARYANA HIGH COURT ....... + More
2017 (4) TMI 161 - SUPREME COURT
COMMISSIONER OF CUSTOMS, CENTRAL EXCISE AND SERVICE TAX, HYDERABAD Versus M/s HYUNDAI MOTOR INDIA ENGINEERING PVT LTD
Cenvat Credit - scope of input services - the case of M/s Infosys Ltd. Versus Commissioner of Service Tax, - BANGALORE, 2014 (3) TMI 695 - CESTAT BANGALORE , brought into record, as the same was not part of record - cost of ₹ 10,000/- is imposed to be deposited........ + More
2017 (3) TMI 1418 - SUPREME COURT OF INDIA
COMMISSIONER OF SERVICE TAX, DELHI-IV Versus M/s NORTEL NETWORKS INDIA PVT. LTD.
Condonation of delay - delay with explanation which is certainly less satisfying than required by law - Held that - for that reason the claim of the State shall not be defeated as the claim is huge (about Rupees Sixty Six Crores approximately) and it would be against the larger public interest to reject the examination of the correctness of the judgment under appeal - we deem it appropriate to condone the delay subject to the condition that the a....... + More
2017 (3) TMI 934 - SUPREME COURT OF INDIA
Signode India Limited Versus Commr. of Cen. Excise & Customs-II
Classification of services - whether the service rendered by the appellant amounts to cargo handling service within the meaning of Section 2(23) of the Finance Act, 1994 or the packaging activity ? - Held that - A careful reading of Section 65(23) of the Act, which defines Cargo Handling Service would go to show that though the word packing is included therein, the same is referable to the word Cargo whereas in Section 65(76b) Packing Activity is....... + More
2017 (2) TMI 1177 - SUPREME COURT
Commissioner Versus Corrtech International Pvt. Ltd.
Valuation - Benefits of N/N. 15/2004-S.T., dated 10-9-2004 - denial of benefits on the ground that the appellants have not included the value of the pipes and other materials provided by the service recipient - Apex Court admitted the appeal against the decision of the tribunal (2015 (9) TMI 1533 - CESTAT AHMEDABAD) after condoning the delay ....... + More
2017 (1) TMI 1110 - SUPREME COURT
Safety Retreading Company (P) Ltd. Versus Commissioner of Central Excise, Salem, M/s Tyresoles India Private Lmited Versus The Commissioner of Central Excise, Goa And M/s Laxmi Tyres Versus Commissioner of Central Excise, Pune
Valuation - works contract - whether in a contract for retreading of tyres, service tax is leviable on the total amount charged for retreading including the value of the materials/goods that have been used and sold in the execution of the contract? - Held that - Section 67 of the aforesaid Act deals with valuation of taxable services and specifically mentions that the same does not include the cost of parts or other material, if any, sold to the ....... + More
2017 (1) TMI 762 - SUPREME COURT
Commissioner Versus S.N. Uppar & Co.
Supply of labor - cargo handling service - the decision in the case of 2008 (3) TMI 93 - CESTAT, BANGALORE contested - Held that - the issue raised in this appeal stands settled by the judgment of this Court in the case of Deputy Commissioner, Central Excise and Ors. v. Sushil & Company 2016 (4) TMI 987 - SUPREME COURT - appeal dismissed........ + More
2017 (1) TMI 760 - SUPREME COURT
Commissioner Versus Vidarbha Iron & Steel Co. Ltd.
Whether the amounts received by the appellant towards salary and other government dues are liable to service tax or otherwise under the category of manpower recruitment and supply agency service? - the decision in the case of Vidarbha Iron & Steel Co. Ltd. Versus Commissioner of Central Excise, Nagpur 2015 (8) TMI 593 - CESTAT MUMBAI contested - Held that - We do not see any merit in these appeals, which are hereby dismissed - decided against....... + More
2017 (1) TMI 717 - SUPREME COURT
Commissioner Versus Thriveni Earthmovers Pvt. Ltd.
Condonation of delay - Whether movement of limestone and rejects in the mining area involve Cargo Handling Service? - the decision in the case of M/s. Thriveni Earthmovers Pvt. Ltd. Versus Commissioner of Central Excise, Salem 2009 (4) TMI 9 - CESTAT CHENNAI contested - Held that - one year time is taken by the appellant to file this appeal for which there is no satisfactory explanation is given - delay not condoned - appeal dismissed on ground o....... + More
