CESTAT Rulings


Entitles assessee to exemption on site-formation, excavation, earth moving, demolition service to Government

CESTAT Chennai sets aside demand of service tax observing that Assessee rendered the service of site formation and clearance work including the formation of ‘Kaccha Road’ to Governmen...View More

Exporter not liable to pay tax on foreign bank charges; Follows Greenply Industries ratio 

On the issue of service tax liability of exporter-assessee on the foreign banks charges, CESTAT Delhi holds that exporter “are not entitled to pay the service tax”, follows the ratio in Gr...View More

Amount deducted for Foreign Bank Charges not taxable as Banking Services; Dismisses Revenue's Reverse Charge demand

CESTAT Chennai holds that amount deducted by the Foreign bank towards the bank charges during remittance of export sale proceeds are not taxable under the service “Banking and other Financial Se...View More

Absent physical movement of capital goods post-sale, CENVAT Credit demand unsustainable 

CESTAT, Ahmedabad holds that though the ownership of the capital goods after their sale has changed, since there was no physical removal of the goods which remained installed and used within the facto...View More

SCN 'vague' as RCM-based demand not determined transaction & invoice-wise 

CESTAT Delhi holds that for raising demand of service tax under reverse charge mechanism, the demand “has to be worked out and calculated transaction-wise and invoice-wise” and absent such...View More

Upholds SAD refund rejection as time barred, Considers amendment to Notification: Dismisses appeal 

CESTAT Chennai upholds rejection of Special Additional Duty (SAD) refund by holding that time limit for filing refund claim within one year of payment of additional duty of customs is applicable since...View More

EOU eligible to duty benefit on clearance of machine imported and leased by job-worker

CESTAT Chennai sets-aside demand on machines imported by Amul Industries (importer/job-worker/owner) but cleared by EOU (assessee), finds little merit in Revenue&rsq...View More

Dismisses Revenue’s appeal over ADD imposition on ‘aluminum based copper clad laminates’

CESTAT Delhi in Revenue’s appeals on imposition of Anti-Dumping Duty (ADD) on ‘aluminum based copper clad laminates’ (CCL) import by assessee, (a manufacturer of ‘printed circu...View More

“Bagasse” only an ‘agricultural waste’, doesn’t constitute ‘Manufacture’; Drops duty demand

CESTAT Mumbai holds that since bagasse is only an agricultural waste and residue, which itself is not the result of any process, it cannot fall within the ambit of ‘manufacture’, follows S...View More

Quashes “presumptuous mathematical calculation” of assessable value computed by adding purported freight 

CESTAT, Mumbai quashes orders computing assessable value by addition of purported freight from Iran to Mumbai, holds that the freight that has been ascertained doesn’t even appear to be represen...View More