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Service Tax - Supreme Court - Case Laws

Showing 81 to 100 of 323 Records

  • 2017 (8) TMI 603

    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 1190

    The Revenue has challenged the order passed in the relied upon case before the Madhya Pradesh High Court. The said appeal is pending before the High Court - the appeal is disposed of with liberty to the petitioner to approach the High Court against the present impugned order........ + More


  • 2017 (7) TMI 1154

    Classification and Taxability - mining service - service provided by the appellants for transportation of goods within the mining area - the decision in the case of M/S. SARVMANGLA CONSTRUCTION CO., M/S. BARBRIK PROJECT LTD. AND M/S. MADAN LAL AGRAWAL VERSUS C.C.E. & S.T., RAIPUR 2016 (9) TMI 1023 - CESTAT NEW DELHI contested - Held that - Delay condoned - the decision in the above case upheld - appeal dismissed........ + More


  • 2017 (7) TMI 494

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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 1685

    Review petition - Held that - There is no case for review of order dated 27.11.2017 is made out - the review petition is dismissed........ + More


  • 2017 (3) TMI 1418

    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

    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

    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 1461

    Maintainability of appeal - the decision in the case of Japan Airlines International Co. Ltd. Versus C.S.T. New Delhi 2016 (7) TMI 1077 - CESTAT NEW DELHI contested - Held that - Learned counsel for the respondent points out that the order impugned in the appeal has since been recalled by the Customs, Excise & Service Tax Appellate Tribunal by its order dated 13-1-2017 and the appeal has been directed to be listed for fresh hearing - we do no....... + More


  • 2017 (1) TMI 1110

    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


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