CESTAT Rulings
No service tax payable on spare parts used for repair of old/damaged transformers under composite contracts; Assessees rightly discharged VAT on value of spare parts shown separately in contract; Reli
...View More Interest under provisions of un-amended Sec. 11AB of the Central Excise Act, 1944, applicable even prior to date of amendment (i.e. May 11, 2001); Amendment by Finance Act, 2001, effective from May 11
...View More Absent evidence, two separate contracts for supply and construction cannot be held as artificially bifurcated to escape service tax liability under Works Contract Composition Scheme; Sets aside Adjudi
...View More Activity of removal of coal fly ash, a necessity for running Captive Power Plant (CPP); Power plant cannot operate without removal of coal fly ash, and without generation of power in CPP, manufacturin
...View More Canvassing of export orders by foreign agents on commission basis, a ‘business auxiliary service’ (BAS) in terms of Sec. 65(19)(i) of Finance Act; Accepts Revenue’s contention that s
...View More Trader's loss cannot result in reduction of assessable value in job worker's hands, just as trader's profit cannot form part of assessable value; Rejects assessee’s claim that valuation in case
...View More Denies credit of additional customs duty availed against photocopy of bill of entry on imports through courier; Rejects assessee's reliance on Chennai Tribunal ruling in Controls & Drives Coimbato
...View More Penalty leviable where part of interest (on delayed service tax payment) not paid before issue of show cause notice; Reverses Commissioner (Appeals) interpretation of Tribunal ruling in Nischint Engin
...View More Allows credit of Goods Transport Agency services for transportation of cement into factory premises; Rejects Revenue's contention that credit not available as cement not an eligible input; Holds such
...View More Upholds Appellate Commissioner's order dropping penal proceedings against co-noticees on conclusion of proceedings against manufacturer/assessee; Words "other persons" appearing in proviso to Sec. 11A
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