Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Service Tax - Highlights / Catch Notes

Home Highlights April 2025 Year 2025 This

CESTAT adjudicated a service tax dispute involving compensation ...


Compensation for Lost Drilling Equipment Not Taxable as Service Value Under Service Tax Provisions

April 5, 2025

Case Laws     Service Tax     AT

CESTAT adjudicated a service tax dispute involving compensation for lost drilling equipment. The tribunal held that compensation for "Lost-in-Hole" items constitutes accidental damages not relatable to service provisions and therefore cannot be included in taxable service value. The Additional Director General's attempt to invoke extended limitation period was rejected, as there was no willful suppression or intent to evade tax. The audit records demonstrated transparency, and mere procedural oversight did not justify extended limitation. Consequently, the tribunal allowed the appeal, setting aside the tax demand for both the standard and extended periods based on the absence of fraudulent intent and improper valuation of taxable services.

View Source

 


 

You may also like:

  1. Determination of the taxable value for payment of service tax on reverse charge basis by the service recipient in respect of Goods Transport Agency (GTA) Services. The...

  2. Valuation - scope of the term 'consideration' - inclusion of cost of free supply diesel made by M/s ONGC in the value of taxable service for running the drilling vessel...

  3. Recovery of service tax u/s 73(2) of Finance Act, 1994 and section 174 of CGST Act, 2017 with interest and penalty was challenged. The issue pertained to classification...

  4. Central Government exempts supply of goods falling under heading 2202 by Unit Run Canteen (URC) to authorized customers from entire Goods and Services Tax Compensation...

  5. Reversal of CENVAT Credit - common input services - the value of taxable services cannot include the value of the material/goods used in rendering the taxable services....

  6. Classification of services - Reverse charge mechanism (RCM) - Place of provision of services - Services procured from two overseas companies by the appellant, a Special...

  7. Wrongful availment of CENVAT Credit or not - inclusive of service tax contract - appellant shall be entitled to take Cenvat Credit on the amount of service tax paid by...

  8. The CESTAT held that service tax cannot be levied on the value of goods sold during execution of a works contract. The taxable value is the value of services rendered,...

  9. Non-resident company's receipts taxable u/s 44BB(2) excluding service tax/GST. Relying on Mitchell Drilling International Pty Limited case, service tax being statutory...

  10. Municipal property tax reimbursements by lessee/occupier are subject to GST as part of the taxable value of supply under Sec 15 of GST Act. AAR ruled that municipal...

  11. Taxable service or not - Intermediary services - Valuation - Inclusion of the cost / value of free supply - The Tribunal agreed with the appellant, finding that the...

  12. Adjustment of the amount of service tax - No value of service or service tax had been realised by the appellant from the customers - appellant was entitled to adjust the...

  13. The High Court held that the value of free diesel supplied by the service recipient to the Goods Transport Agency (GTA) service provider cannot be included in the...

  14. This case deals with the issue of whether GST/service tax amount should be included while computing the gross receipts u/s 44BB for a non-resident company engaged in...

  15. Valuation of the taxable service - inclusion of value of free supply - construction of commercial or industrial complex - The value of goods and materials supplied free...

 

Quick Updates:Latest Updates