2010 (12) TMI 1269 - BOMBAY HIGH COURT
Sanjay R. Kothari Versus Mahanagar Telephone Nigam Ltd.
... ... 340/- is the amount of bi-monthly rentals and not ₹ 380/-. 9. In the result, therefore, Petition succeeds and is allowed. Rule made absolute in terms of prayer clauses (a) (Exhibit C) and prayer clauses (b) and (d). No order as to costs.
2010 (12) TMI 1260 - CESTAT NEW DELHI
CCE, Jaipur-II Versus M/s. Shree Rajasthan Synthetics Ltd.
Refund claim - Notification No. 41/07-ST dated 06.10.2007 - Duty drawback - held that - since the goods in question have been exported without availing drawback of service tax under the Customs, Central Excise Duties and Service Tax drawback Rules, 1995, therefore recovery of refund claim of service tax paid on specified services on the ground that goods have been exported under claim of drawback is not tenable........ + More
2010 (12) TMI 1214 - CESTAT BANGALORE
M/s. Bhavani Castings Ltd. Versus Commissioner of Central Excise
... ... On perusal of the miscellaneous application, we find that there is no ground made out for recalling of our Final Order No.03/2010 dated 21.12.2009. In view of this, the miscellaneous application is dismissed. (Pronounced and dictated in open Court)
2010 (12) TMI 1184 - CESTAT BANGALORE
M/s. Sheladia Rites (JV) Versus The Additional Commissioner of Central Excise Commissionerate-I Visakhapatnam.
... ... ed view that the applicant need not be put to any condition. In view of this, the application for waiver of pre-deposit of the amounts involved is stayed and recovery is stayed till the disposal of the appeal. (Pronounced and dictated in open Court)
2010 (12) TMI 1165 - GUJARAT HIGH COURT
Commissioner Versus Ashok Travels
... ... g to specifications is “tourist vehicle” and whether services provided by the assessee under “contract carriage” makes assessee a “tour operator” under Section 65(115) of the Finance Act, 1944 (sic) (1994)?”
2010 (12) TMI 1149 - DELHI HIGH COURT
SIMPLEX INFRASTRUCTURE LTD. Versus UNION OF INDIA
... ... tion is over and thereafter, for a further period of four weeks, no coercive steps shall be taken against the petitioner including proceeding for attachment. 15. The writ petition and the application stand disposed of with no order as to costs.
2010 (12) TMI 1116 - CESTAT CHENNAI
COMMISSIONER OF CENTRAL EXCISE, SALEM Versus STERLING BIOTECH LTD.
... ... h orders after extending reasonable opportunity to the assessees of being heard in their defence. However, penalty on the assessees is not warranted in the facts and circumstances of the case and is set aside. (Dictated and pronounced in open Court)
2010 (12) TMI 1039 - RAJASTHAN HIGH COURT
BHILWARA ZILA EX-SER. WELFARE SAHAKARI SAMITI Versus DY. COMMR., C. EX. DIV., BHILWARA
Society received a recovery notice of demand - SCN was issued before assessment, but no reply was submitted by the appellant and thereafter, opportunities for personal hearing were also given to the appellant, but it did not avail the same and after assessment order was passed - appeal preferred was hopelessly barred by limitation and overall conduct of the appellant indicates that no case was made out so as to make interference and to condone de....... + More
2010 (12) TMI 997 - GAUHATI HIGH COURT
RC. TOBACCO COMPANY PVT. LTD. Versus UNION OF INDIA
Validity of Section 154 as introduced by the Finance Act, 2003 - levying interest on the amount recoverable from the petitioners on account of the excise duty in terms of Section 154 - Exemption to the new industrial units from payment of central excise duty - petitioners have contested against recovery of interest as there was no wilful default on its part - Held that - The benefits which the petitioners sought to be enforced by challenging the ....... + More
2010 (12) TMI 980 - CESTAT, MUMBAI
Pudumjee Pulp & Paper Mills Ltd. Versus Commissioner of Central Excise, Pune-I
Pre-deposit - appellants availed outdoor catering service - CENVAT Credit denied - Held that - As in the case of Ultratech Cements Ltd. (2010 (10) TMI 13 - BOMBAY HIGH COURT) it was held that the assessee is entitled to CENVAT credit of the service tax paid on outdoor catering service if they have borne the entire burden of the tax without passing on any part of it to the ultimate consumers of food (employees of the factory). If, on verification,....... + More
2010 (12) TMI 979 - CESTAT, MUMBAI
Commissioner of Central Excise, Mumbai Versus Bajaj Auto Ltd.
Cenvat credit denied on LPG used by assessee in their canteen for providing meal to the workers and staff members - duty demand, interest and penalty - Held that - In the case of M.M.R. Khan (1990 (2) TMI 267 - SUPREME COURT) held that providing canteen is an integral part of manufacturing activity of the assessee and as per the decision of Maruti Suzuki Ltd. (2009 (8) TMI 14 - SUPREME COURT) is also any input which has gone into manufacturing of....... + More
2010 (12) TMI 978 - CESTAT, NEW DELHI
Commissioner of Central Excise, Kanpur Versus Lasalle Marketing Ltd.
Clearing and forwarding agency service v/s business auxiliary services - Held that - Perusal of the agreement and also the speaking order passed by the ld. first appellate authority, it is unable to find any reason to reverse the order of the first Appellate Authority who has not failed to examine the entire gamut of service provided by the respondent. Therefore he was correct to hold that the respondent had provided business auxiliary service . ....... + More
2010 (12) TMI 977 - CESTAT, AHMEDABAD
Rajput Security Services Versus Commissioner of Service tax
Security services - appellant collecting service charge but not paying the service tax - actual amount received towards service tax had been suppressed - appellants produced evidence to show that they had received service amounts not only for providing security personnel but also providing labour for doing labour work & also submitted that even in the show-cause notice it was mentioned that the appellants have provided labour services apart f....... + More
2010 (12) TMI 943 - CESTAT, NEW DELHI
Ginni International Ltd. Versus Commissioner of Central Excise, Jaipur - I
Commission paid by the appellant to the foreign service provider during the period 9.7.2004 to 10.1.2006 - whether will be taxable in absence of taxing provision which came later into Statute Book by Finance Act, 2006? - Held that - Levy imposed was governed by section 66A of the Finance Act, 1994 for the impugned period. no cogent evidence led by Revenue to prove their stand on facts to hold that the appellant should incur liability for a period....... + More
2010 (12) TMI 900 - CESTAT, BANGALORE
INVENTAA CHEMICALS LTD. Versus COMMISSIONER OF C. EX. & ST., GUNTUR
Waiver of pre-deposit and stay of recovery - GTA service eligible for the benefit of Notification No. 34/2004-S.T., dated 3-12-2004 - In the present appeal, the assessee submits that they are eligible for exemption inasmuch as the gross amount charged on each consignment of husk transported to the factory did not exceed Rs. 1500/- - CDR submits that exemption is admissible only where the gross amount charged on each consignment of husk transporte....... + More
2010 (12) TMI 898 - CESTAT, NEW DELHI
COMMISSIONER OF C. EX., LUDHIANA Versus JAINSONS INDUSTRIES
Whether the services of business auxiliary service received by the respondent from the commission agents appointed abroad can be treated as their input service - service received by the respondent is of commission agent appointed by them abroad who secure the export orders from them - Held that - service of commission agent is a service of the sale promotion and would be covered by the definition of input service . In any case, the activities rel....... + More
2010 (12) TMI 824 - KERALA HIGH COURT
MAX NEW YORK LIFE INSURANCE CO. LTD. Versus INSURANCE OMBUDSMAN
Service tax liability - collection of service tax liability of insurance premium from the policy holder - it is evident that once there is proposal and acceptance a valid contract has been created - Evidently, the first step is the proposal for insurance and the parties have agreed the terms and when the second respondent tendered the first premium, he has fulfilled his part of the contract and on acceptance the terms have become absolute and unq....... + More
2010 (12) TMI 805 - CESTAT, BANGALORE
SVR. ELECTRICALS PVT. LTD. Versus COMMISSIONER OF C. EX., GUNTUR
Waiver of pre-deposit - The demand under challenge is in relation to maintenance or repair service rendered by the appellant through a contractor to the State Government. Transformers belonging to the State Government were repaired in the said manner during the period of dispute - The appellant has taken a feeble contention to the effect that the repairs undertaken by them through contractor cannot be exigible to levy of service tax - After consi....... + More
2010 (12) TMI 804 - CESTAT, MUMBAI
ITD CEMENTATION INDIA LTD. Versus COMMISSIONER OF SERVICE TAX, MUMBAI
Waiver of pre-deposit - Appellants states that the work undertaken by the appellants was as per a contract with the Ahmedabad Municipal Corporation and the said work falls under the category specified under Section 65(97a) of the Finance Act, 1994 but is eligible for exemption under the exclusion clause as it is in relation to irrigation, watershed development and drilling, digging, repairing, renovating or restoring of water sources or water bod....... + More
2010 (12) TMI 786 - CESTAT, MUMBAI
INDIAN OIL CORPORATION LTD. Versus COMMISSIONER OF C. EX., MUMBAI-II
Waiver of pre-deposit - Notification No. 12/2003-S.T., dated 20-6-2003 - The restriction as to admissibility of abatement with reference to non-availment of CENVAT credit applies to the service provider- M/s. IOCL is a recipient of the GTA service and discharged the service tax in terms of Section 68(2) of the Finance Act, 1994 - The assessee is entitled to the abatement denied to it as per the impugned order as per the decision in the case of Co....... + More