Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
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The appellant filed a refund claim for differential service tax paid on ocean freight during May 2017 and June 2017. The refund claim was rejected based on CBEC Circular No. 206/4/2017, which stated that the exemption benefit would not be available where services are rendered by a foreign shipping line not registered in India and not following the Cenvat Credit Rules, 2004. However, the CESTAT dismissed the revenue's appeal, upholding the order allowing the refund claim. The CESTAT relied on judicial precedents which held that no tax is leviable on ocean freight for services provided by a person located in a non-taxable territory for transportation of goods on a vessel from a place outside India up to the Customs station of clearance in India. The CESTAT found no grounds to interfere with the Commissioner (Appeals) order allowing the refund claim.
The appellant filed a refund claim for differential service tax paid on ocean freight during May 2017 and June 2017. The refund claim was rejected based on CBEC Circular No. 206/4/2017, which stated that the exemption benefit would not be available where services are rendered by a foreign shipping line not registered in India and not following the Cenvat Credit Rules, 2004. However, the CESTAT dismissed the revenue's appeal, upholding the order allowing the refund claim. The CESTAT relied on judicial precedents which held that no tax is leviable on ocean freight for services provided by a person located in a non-taxable territory for transportation of goods on a vessel from a place outside India up to the Customs station of clearance in India. The CESTAT found no grounds to interfere with the Commissioner (Appeals) order allowing the refund claim.
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