Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Home Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles News Highlights
Extracts
Home List
← Previous Next →

Hindustan Petroleum Corporation Ltd Versus Commissioner of Service Tax, Mumbai – I

2017 (4) TMI 855 - CESTAT MUMBAI

Banking and financial services - Extended period of limitation - amounts paid by appellant to various service providers who had facilitated raising of External Commercial Borrowings (ECB) during March 2007 - taxability - Held that: - the service tax .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

an be availed as CENVAT credit by the appellant for the discharge of Central Excise duty on the various products manufactured by them - impugned order set aside on revenue neutral situation - appeal allowed - decided in favor of appellant. - ST/132/2 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

: This appeal is directed against Order-in-Original No:48/STC-I/SKS/11-12 dated 21/12/2011 passed by the Commissioner of Service Tax - I, Mumbai. 2. Heard both the sides and perused the records. 3. The issue involved in this case is regarding service .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

that the appellant had raised ECB for which they paid some charges to the overseas service providers. It is the case of the appellant that, on merits, the issue is decided against them in the case of Tata Steel Ltd v. Commissioner of Service Tax, Mum .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lable as the said ECBs are utilized by them for the manufacturing activity. Since there is revenue neutral situation, question of intention to evade payment of tax will not arise. Learned Counsel relies upon the judgment of the Tribunal in the case o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

x, Mumbai 2016-TIOL-2072-CESTAT-MUM. 6. Learned Authorised Representative, on the other hand, reiterates the findings of the lower authorities and submits that the revenue neutrality is a question of facts and has to be established in individual case .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ommissioner of Central Excise, Aurangabad 2004 (177) ELT 1032 (Tri.-Mumbai). 7. On consideration of the submissions made by both the sides and perusal of the records, we find that there is no dispute as to the facts that the appellant had paid an amo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

service tax liability arises under Section 66A of the Finance Act, 1994 and is already discharged by the appellant. At the same time we find that there cannot be any intention to evade the service tax liability as the entire service tax paid under re .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Forum
what is new what is new
  ↓     bird's eye view     ↓  


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version