CESTAT Rulings

Underwriting Commission paid to foreign lead manager not taxable under ‘Banking Service’

CESTAT holds that ‘underwriting commission' paid by assessee to foreign Lead managers on issuance of Foreign Currency Convertible Bonds (FCCB) is not taxable under “Banking and other Finan...View More

Rejects 'contemporaneous' import value finding no similarity in HR Coils & Steel Plates

CESTAT dismisses Revenue’s appeal, upholds value of goods declared by assessee in bill of entry for import of consignments of Hot Rolled Coils (HR Coils) while finding reliance placed upon value...View More

Extends exemption towards goods value for tyre retreading activity, relies upon SC ratio

CESTAT extends benefit under Notification No. 12/2003, grants exemption towards value of goods and material sold in respect of tyre re-trading activity taxable under ‘management, maintenance or ...View More

Citing assessee's bonafide, quashes demand w.r.t. erroneously availed Cess Credit on EOU purchases

CESTAT sets aside demand under Rule 14 of CENVAT Credit Rules, 2004 (CCR) in respect of CENVAT credit on Education Cess & Secondary and Higher Secondary Education Cess (Cesses) availed on inputs p...View More

Allows SAD refund despite wrong mention of truck No. in VAT receipt

CESTAT allows refund of 4% SAD in terms of Notification No. 102/2007 - Customs despite fact that Truck No. mentioned in VAT receipt did not tally with Truck No. mentioned on invoice; Observes that, al...View More

Allows CENVAT on Overseas Mediclaim Insurance Policy taken for employees sent abroad

CESTAT allows CENVAT credit on Overseas Mediclaim Insurance Policy taken for employees sent abroad for executing project undertaken by assessee providing Erection and Commissioning or Installation Ser...View More

SCN cannot be issued for duty recovery where order granting refund attained finality 

CESTAT allows assessee’s appeal, quashes recovery of amount refunded erroneously to tyre manufacturer under proviso to Section 11(A)(4) of Central Excise Act; Accepts assessee’s plea that ...View More

Quashes demand on capital goods during 100% EOU de-bonding despite EO non-fulfilment

CESTAT sets aside demand of duty and imposition of penalty on 100% EOU, while extending benefit of depreciation on capital goods for determination of duty liability thereon for non-fulfilment of expor...View More

Allows CENVAT on works contract relating to modernization, renovation or repair in factory

CESTAT allows CENVAT credit on work contract services pertaining to Repairs and Maintenance undertaken in factory and administrative building along with other fabrication and civil work, under Rule 2(...View More

Upholds penalty for consignment mis-declaration, rejects plea of goods mis-sent by shipper

CESTAT upholds charge of mis-declaration of consignment in terms of description, quantity and value while noting that goods in consignment under importation were not same as declared by assessee on Bi...View More