Case Law Research

CESTAT Chennai : Commissioner of Central Excise, Coimbatore Versus Sakthi Finance Ltd. : 13th March, 2017

CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL
SOUTH ZONAL BENCH
CHENNAI

Appeal No. ST/92/2006
[Arising out of Order-in-Appeal No.93/2005-ST dt. 11.11.2005 passed by the Commissioner of Central Excise (Appeals), Coimbatore]

Commissioner of Central Excise, Coimbatore
Appellant

Versus

Sakthi Finance Ltd.
Respondent

Appearance:
Shri S. Govindarajan, AC (AR) For the Appellant
Shri Raghavan Ramabhadran, Advocate For the Respondent

CORAM :
Honble Shri D.N. Panda, Judicial Member
Honble Shri Madhu Mohan Damodhar, Technical Member

Date of Hearing / decision : 13.03.2017


FINAL ORDER No.40489/2017

Per D.N. Panda

Show cause notice does not show what is the service intended to be taxed.


2. Ld. D.R says that Revenue intended to tax 'refinancing service charges' received by the respondent under section 65 (105) (zm) of the Finance Act,1994 read with the definition of "Banking and Other Financial Services" provided by Section 65 (12) thereof. In absence of any foundation in the SCN, it is very difficult to agree with the Revenue to levy tax arbitrarily. Accordingly Revenue's appeal is dismissed.


(Dictated and pronounced in open court)


(Madhu Mohan Damodhar)             (D.N. Panda)
Technical Member                 Judicial Member


gs

Additional Info

  • Date Range: Monday, 13 March 2017
  • Court/Authority: CESTAT
  • Tax Type: Service Tax
  • Petitioner/Appellant: Commissioner of Central Excise, Coimbatore Versus Sakthi Finance Ltd.
  • Respondent: Commissioner of Central Excise, Coimbatore Versus Sakthi Finance Ltd.
  • Appl no. or Appl year: Appeal No. ST/92/2006
  • Supreme Court Location: Delhi
  • CESTAT Location: Chennai
  • AAR Location: Delhi
  • Authority: Supreme Court

A New Feature :

Advanced Case Law Search

 

7th April, 2016

The “Advanced Case Law Search” feature in TaxQuotient  enables search on separate parameters such as Court, Tax Type, Date (from & to Range), appellant, respondent and even keywords. This helps you in locating case law you are searching for swiftly.

TIP: #1 : If you want to view the latest cases, just enter the start and end dates keeping all other boxes blank. You will get a list of all available indirect tax cases during that period.

TIP # 2 : Please keep the date range (start to end date) for upto 6 months.

TIP # 3 : Don't forget to reset the search to clear the earlier results before a new search.

Click to enter Advanced Case Law Search

 GST Bill passed by Parliament

 

 

 

The 122nd Constitution Amendment Bill introduced in Parliament in December 2014 has been passed by the Rajya Sabha and now also by the Lok Sabha with the amendments.  Now the Bill must get ratified by at least half the number of 31 State Legislatures which means 16 States and then finally get the approval from the President.

Thereafter the GST Council has to be set up which will determine the GST design at the granular level. This will include the structure of GST including scope of CGST, SGST and IGST, the taxes subsumed, the items/commodities covered and other critical aspects such as the threshold limits for taxability, exemptions, and several other parameters critical for an ideal  GST.

Further, for the GST to operate smoothly, the taxes paid on goods and services at every stage in the value chain needs to be tracked. This requires an IT infrastructure which will track the transactions and taxes paid and form the back-bone of GST. Reportedly considerable work has been already done on it, nevertheless it will need changes to correctly reflect the GST Law proposed by the GST Council and accepted by the Central & State Legislatures.

Last but not the least,  the tax authorities and other stakeholders who will implement the GST need to be trained for a smooth introduction.

Seven questions to know if you 

are paying taxes 

correctly?

If you are the CFO or the Tax Head you ought to read this. Click Here

CESTAT Updates

June- July 2016

 

Brief update on CESTAT judgements passed during June 2016 to July 2016. Please note this update is not a summary of the cases but only leads on important issues decided. The links to the judgments are also provided for the full text.

Click here for update

Our Main Services 

in Indirect Taxes

 

  • Business structuring and tax planning
  • Review of end-to-end business processes for indirect taxes
  • Strategy to prevent litigation, representation and litigation support
  • Tax compliance and tax control framework
  • Support on specific issues
Go to top