Service Tax - Highlights / Catch Notes

The CESTAT Allahabad Appellate Tribunal ruled in a case ...

Appellate tribunal grants refund with interest for service tax paid under protest; allows CENVAT credit distribution to manufacturing units.

May 24, 2024

Case Laws Service Tax AT

The CESTAT Allahabad Appellate Tribunal ruled in a case involving the demand of service tax for services rendered by a non-resident from a country outside India related to the issuance of Foreign Currency Convertible Bonds (FCCB) falling under banking and financial services. The appellant had paid the service tax under protest and deposited the amount demanded during the investigation. The tribunal held that the demand of service tax against the appellant was dropped, entitling them to a refund of the amount paid along with interest. The appellant had taken CENVAT credit of the amount deposited and distributed it to their manufacturing units as they were registered as an input service distributor. The tribunal found no reason to disallow the distribution of the credit, as the service tax was deemed not payable. The tribunal also noted that the show cause notice and impugned order did not cite any legal provisions for the recovery of CENVAT credit, rendering the recovery order invalid.

View Source

← Previous Next →

The CESTAT Allahabad Appellate Tribunal ruled in a case ...

Appellate tribunal grants refund with interest for service tax paid under protest; allows CENVAT credit distribution to manufacturing units.

May 24, 2024

Case Laws Service Tax AT

You may also like:

Refund claims – unjust enrichment – service tax paid under protest – refund allowed - AT

Refund claim of service tax paid on cancelled transactions - Post GST era - Rejection of refund under Rule 6(3) of Service Tax Rules read with Sec 142(5) of CGST Act -...

Adjustment of excess service tax paid with subsequent service tax liability - case of Revenue is that Rule 6 (3) of Service Tax Rules, 1994 do not provide for such...

Eligibility to make adjustment of excess service tax paid against future service tax liability - Claim of Excess service tax paid due to issuance of revised invoice -...

Interest liability - seeking waiver of interest since the payment of service tax was paid under the amnesty scheme - The tribunal observed that the appellant's payment...

CESTAT, an Appellate Tribunal, ruled on a case regarding refund of service tax on export pass fee u/s N/N. 30/2012-S.T. The Tribunal held that the appellant is not...

The appellant paid service tax under protest and filed a refund claim, which was not barred by limitation. The Supreme Court in West Bengal vs Calcutta Club Limited held...

The case pertains to the refund of service tax paid on input services utilized for the export of 'Cut and Polished Diamonds' during October 2015 to March 2016, as per...

The Income Tax Appellate Tribunal held that the refund granted to the assessee should be first adjusted against the correct amount of interest due, and the remaining...

Refund of service tax paid on GTA services - service tax was paid directly by the provider of services whereas it was the liability of the recipient under reverse charge...

Refund of service tax paid - The department has directed to pay the tax again as their inhouse formalities does not allow adjustment of tax wrongly paid towards one...

Interest on Delayed Refund of Input Tax Credit - Proviso to Section 56 specified increased interest rates for refunds arising from orders of adjudicating or appellate...

Refund of erroneous payment of service tax - the appellant as a LLP, is not required to pay service tax under the reverse charge mechanism during the period under...

Rectification u/s 154 - refund of taxes paid in foreign country - The High court noted that the Hon'ble Apex Court had expressly overruled the AAR order in a previous...

The case involved a refund claim for duty paid under protest, rejected on the ground of unjust enrichment. The appellant paid duty under protest and filed a refund claim...

Quick Updates: