CESTAT Rulings


Dismisses assessee’s appeal, cross-examination request at stage of SCN issuance, 'premature' 

CESTAT upholds order rejecting assessee’s request for cross examination of witnesses absence adjudication of Show Cause Notice (SCN) issued by Department based on documents recovered during inve...View More

Charter of Aircraft/Helicopter taxable as 'Supply of tangible goods", applies Global Vectra ratio

CESTAT holds that activity of supply of Aircraft/Helicopter on chartered basis is taxable as 'supply of tangible goods for use' (SOTG) service u/s 65(zzzzj) of Finance Act, 1994, relies upon ratio of ...View More

Allows refund of erroneously paid duty to 100% EOU on goods removed for destruction 

CESTAT allows refund of duty paid erroneously on goods (i.e. rejected inputs and expired pharmaceutical products) removed for destruction by a 100% EOU unit to Madhya Pradesh Waste Management Project,...View More

'Construction' services received by Educational Institute from Govt. body not 'business support' service 

CESTAT holds that 'construction services' received by assessee Institute, established solely for educational purposes and not for purposes of profit, from Governmental Department, not taxable as &lsqu...View More

Denies concessional BCD to pre-assembled engine, gear-box, however, quashes extended period demand, penalty 

CESTAT holds engine/transmission mechanism/gearbox imported in a complete pre-assembled form ineligible for concessional rate of 10% BCD under Notifications No.21/2011-Cus., No.31/2011-Cus. and No.12/...View More

Quashes demand under 'telecommunication service' where service provider & recipient are same entity

CESTAT holds that transaction between assessee, an electrical division of BSNL and its associate company (i.e. CMTS-BSNL) does not constitute a provision of service as both fall in the same circle of ...View More

Advisory service to Real-Estate companies, not Real-Estate agent service, expats' secondment not 'manpower-supply'

CESTAT allows assessee’s appeal, sets aside demand under ‘Real Estate Agent Service’ u/s 65(88) of the Finance Act, 1994 (Act) in respect of investment advisory services rendered to ...View More

Electrical Multiple Unit, an integrated unit for Hyderabad Metro, classifiable as 'self-propelled railway' 

CESTAT holds that Electrical Multiple Unit (EMU) an integrated unit consisting of Drive Motors Cars (DMCs) and Trailer Cars (TCs) imported from Korea for use in Hyderabad Metro, is classifiable as sel...View More

Commission for auto loan marketing taxable; Target incentives / discounts outside tax purview 

CESTAT sets aside service tax demand on target based incentives / discounts, and consumables / spare parts used during serving by dealer of Maruti Suzuki Ltd; Relies on Mumbai bench decision in Toyota...View More

Supervising railway siding construction 'statutory' function; No reverse charge towards "support services"

CESTAT sets aside service tax demand under ‘Business Support Service’ (BSS) category on reverse charge basis in respect of payment made to the Railways for obtaining mandatory permits and ...View More