CESTAT Cases Weekly Round-Up: 12 To 18 May 2024

Mariya Paliwala

21 May 2024 9:00 PM IST

  • CESTAT Cases Weekly Round-Up: 12 To 18 May 2024

    Agreement For Supply Of Water Is Not Covered Under Right To Use Natural Resources; CESTAT Quashes Rs. 10 Crores Service Tax DemandCase Title: Sasan Power Limited Versus Commissioner, Central Excise & Central Goods and Services TaxThe Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the agreement executed between the appellant and the government is...

    Agreement For Supply Of Water Is Not Covered Under Right To Use Natural Resources; CESTAT Quashes Rs. 10 Crores Service Tax Demand

    Case Title: Sasan Power Limited Versus Commissioner, Central Excise & Central Goods and Services Tax

    The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the agreement executed between the appellant and the government is for the supply of water, for which charges are paid by the appellant on the basis of the volume of water drawn, and it is not a case of the assignment of the right to use natural resources by the government.

    No Service Tax Payable By National Co-Operative Consumers' Federation Of India For Selling Coal To End Consumers: CESTAT

    Case Title: National Co-Operative Consumers' Federation Of India Ltd Versus Commissioner Of Central Excise Delhi Iii Commissionerate, Udyog

    The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that whatever is charged by the coal companies for coal, the appellant, the National Co-Operative Consumers' Federation of India, is adding 5% margin money, collecting the sale price from the consumers, and paying the sales tax on the entire amount received from the end consumers; therefore, the revenue cannot charge any service tax.

    Advertising And Marketing Expenses For Sale Of Post-Import Goods Can't Be Included In Value Of Goods: CESTAT

    Case Title: Reliance Brands Luxury Fashion Private Ltd. Versus The Principal Commissioner of Customs

    The Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that expenses related to advertising and marketing are expenses in respect of activities carried out in India for sale of the goods in India which is post-import and, therefore, expenses cannot be part of the value of the imported good.

    CISF Reputed Government Of India Undertaking Can't Intend To Evade Service Tax Payment: CESTAT

    Case Title: Central Industrial Security Force Versus Commissioner of Central Tax Visakhapatnam

    The Hyderabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), while quashing the service tax demand, held that rent-free accommodation provided to CISF personnel cannot be taken as additional consideration.

    No Service Tax Payable On Freight Margin Recovered From Customer In Case Of Outbound Shipment: CESTAT

    Case Title: Vishal Tansukhbhai Gohel Versus Commissioner of Central Excise & ST, Rajkot

    The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has held that no service tax is payable on freight margin recovered from customers in cases of outbound shipment.

    No Service Tax Payable On Freight Margin Recovered From Customer In Case Of Outbound Shipment: CESTAT

    Case Title: Vishal Tansukhbhai Gohel Versus Commissioner of Central Excise & ST, Rajkot

    The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has held that no service tax is payable on freight margin recovered from customers in cases of outbound shipment.

    Export Obligation Under Advance Authorization Scheme Is Complied, All Duties Are Exempted: CESTAT

    Case Title: M/s Jewel Utensils Industries Versus C.C. - Mundra

    The Ahmedabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the goods were cleared under the advance authorization scheme, according to which all the duties are exempted by way of debiting in the advance licence scheme.

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