CESTAT Rulings


Mere charging high-fees doesn't alter charitable trust’s identity'; Grants refund to Adani 

CESTAT Ahmedabad allows refund to service recipient [Gujarat Adani Institute of Medical Sciences (assessee/charitable trust)] of service tax paid on medical college construction to the contractor; Rem...View More

Upholds suo-moto service tax adjustment by L & T on advance received from customer 

CESTAT Ahmedabad upholds the suo-moto adjustment of excess service tax paid by Larsen & Toubro (assessee) on advance payment (received for power plant construction) towards other service tax liabi...View More

‘Delayed Payment Charges’ collected by Cholamandalam Investment & Finance Co. not consideration for service

CESTAT, Chennai allows assessee’s appeal, rules that the ‘delayed payment charges’ collected from borrowers, cannot be held to be ‘consideration’ as p...View More

Grants relief to Bombay Chamber of Commerce & Industry; Quashes extended period demand

CESTAT, Mumbai sets-aside demand beyond normal limitation period imposed on Assessee (Bombay Chamber of Commerce & Industry) relating to receipts pertaining to issuance of cert...View More

No prohibition on "Body-Massager" import; Characterisation as 'obscene article' based on perceived use untenable 

CESTAT Mumbai rejects the plea of Department that ‘body massager’ by its probable use/misuse, shape, features can be characterized as ‘obscene article’ and therefore, prohibite...View More

Recovery of unpaid salary from employees leaving Kellogg not ‘Consideration’, outside service-tax ambit 

CESTAT Mumbai sets-aside demand on notice period recovery, follows precedent holding that same is out of salary which is not covered by provisions of service tax; Revenue sought to recover an amo...View More

Remuneration received by SBI from RBI for handling PPF accounts not taxable pre- Sept 2004 

CESTAT Mumbai quashes order holding SBI liable to pay service-tax on remuneration received from RBI in relation to management of PPF accounts as it amounts to ‘all forms of fund management&rsquo...View More

Sets-aside direction of absolute confiscation, allowing goods redemption subject to re-export

CESTAT Bangalore irection of absolute confiscation, allowing goods redemption subject to re-exporton payment of redemption fine and penalty; Assessee manufacturing paints for which they import industr...View More

Sets-aside demand against Stock-Broker on Late payment charges collected from clients

CESTAT Kolkata sets aside entire demand on account of Late Payment Charges, non-reversal of CENVAT credit under Rule 6 of CENVAT Credit Rules,  Trading of Scrips on own account and reimbursement ...View More

Allows CENVAT credit of support-service received by Hindalco from Aditya Birla Management Corporation

CESTAT Kolkata allows CENVAT credit to Hindalco Industries (assessee) in respect of service tax paid to Aditya Birla Management Corporation Pvt. Ltd (ABMCPL) towards receipt of&nbs...View More