CESTAT Rulings


Duty payable on inter-unit transfer of goods by STP, absent requisite permission 

CESTAT upholds levy of duty along with interest, where premises leased along with goods procured/imported duty-free, by a STP unit under 100% EOU scheme, to other STP unit on inter-unit transfer (IUT)...View More

Actual High Seas contract price determinative of assessable value; Notional commission inappropriate

CESTAT holds that for the purpose of determining assessable value of goods imported on High Sea Sale basis, actual High Sea Sales commission is to be included in CIF value of imported goods and inclus...View More

SSI exemption not deniable for mere affixation of 'brand name' on sale documents

CESTAT allows assessee’s appeal, rejects denial of exemption to small-scale unit under various Notifications issued from time to time, where brand name affixed merely on ‘sale documents&rs...View More

Garnetting synthetic fibre waste not "manufacture"; Rejects Revenue's reliance on Chapter Note

No excise duty payable on process of garnetting / carding synthetic filament / fibre waste, as same does not amount to “manufacture”; Rejects Revenue’s reliance on Chapter Note 3 of ...View More

Rent from leasing Computer Colour Display Machines not taxable as BoFS

Rent received by paint manufacturer from leasing of Computer Colour Display Machines to dealers not taxable as “Banking and other Financial Services” (BoFS) u/s 65(12) r/w Section 65(105)(...View More

Denies exemption on 'sub-assemblies' manufactured on job-work, absent duty liability on 'tractors'

CESTAT disallows benefit of exemption under Notification No. 214/86-CE to sub-assemblies manufactured on job-work, which are further used for exempted tractors; Rejects assessee’s contention tha...View More

Reiterates pre-condition of suppression for invoking extended limitation; Quashes demand on 'franchise-service'

CESTAT quashes show cause notice demanding service tax under ‘Franchise services’ category in respect of income earned from ‘joining & business fee’ and ‘business ren...View More

Cannot rely on Chartered Engineer's opinion to reject readymade garments' export value

CESTAT dismisses Revenue appeal, upholds Commissioner (Appeals) findings that opinion of Mechanical Chartered Engineer is not a reliable evidence to reduce value of exports; Accepts assessee’s c...View More

Grants refund to transportation service recipient upon price revision, absent unjust enrichment

CESTAT grants refund of excess service tax paid by assessee to GAIL towards transportation of natural gas, pursuant to revision of such charges by Central Govt.; Holds that refund application filed by...View More

Grants exemption; Multiple ports data-projectors principally used with laptops, not "Multiple-purpose projectors"

Data projectors having HDMI / S-Video / Audio Video ports classifiable as “Projectors of a kind solely or principally used in an automatic data processing system of Heading 8471”; Allows c...View More