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Petitioner is entitled to refund claim when proper form APL – 04 has not been uploaded on the portal.

The petitioner is a works contractor. Refund claims were filed. Refund orders were passed against the petitioner. Appeals were filed before appellate authority. The appellate authority allowed the appeals (partly in some cases). However, form APL-04 was either not uploaded online or the incorrect form was uploaded. Due to which, the original authority did not…

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The discount/incentive offered by the manufacturer by way of various schemes is not consideration for providing business promotion/business auxiliary

The appellant is a dealer. It purchases heavy vehicles from Tata Motors and cars from Hyundai Motors. The said vehicles are sold to customers. A demand of service tax of over Rs.33 crores was raised on the appellant on the ground:The discount/incentive offered by the manufacturer by way of various schemes is consideration for providing…

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Appeal related to value of service cannot be appealed to the Hon’ble High court under section 35G of the Central Excise Act

The respondent assessee undertook a works contract for the supply, erection, installation, and commissioning of the project. The supply included manufactured as well as bought-out items. The revenue bifurcated the contract and demanded service tax on technical assistance rendered during the said project under “consulting engineer” service. A demand of about Rs. 2 crores was…

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