CESTAT Rulings


Upholds order rejecting transaction value of imported Guar Gum, penalty for misdeclaration

CESTAT Delhi upholds order rejecting the transaction value (TV) of Guar Gum (Hydroxypropyl Trimonium Chloride) imported by Assessee and re-determining the value based on contempora...View More

‘Electrode Carbon Paste’, a consumable for manufacturing Ferro-Alloys; Credit available as Input

CESTAT Kolkata holds that ‘Electrode Carbon Paste' (ECP) used to facilitate manufacture of ‘ferro alloys’ is an eligible input in terms of Rule 2 (k) of ...View More

Sanction of refund having attained finality, subsequent recovery thereof 'absolutely illegal and unwarranted'

CESTAT Ahmedabad finds the recovery of refund of 4% Special Additional Duty (SAD) paid on imported timber under Notification No. 102/2007 unsustainable, erroneous and  ab...View More

Works-Contract cannot be vivisected between service portion & goods; Credit-reversal under Rule 6(3A) not required

CESTAT, Ahmedabad holds that CENVAT credit attributed to the value of deemed sale of goods involved in composite Works Contract service provided by the Assessee cannot be varied or denied by way...View More

Allows credit to BPCL on components/parts used to erect/commission 'capital-goods' in Oil-Refinery 

CESTAT Bangalore sets-aside the recovery of CENVAT credit availed by Bharat Petroleum Corp Ltd (Assessee) on duties discharged on components and parts used to erect and commission ‘capital goods...View More

'Cargo handling agent' registered under 'port service' eligible to exemption on handling agri-produce 

fassessee as a CHA;CESTAT Ahmedabad allows exemption benefit to assessee as a Cargo Handling Agent (CHA) registered under 'Port Service' for handling/ supervision/ survey of agriculture produce within...View More

EOU's refund claim rejection not in line with spirit of reimbursement scheme; Quashes order

CESTAT, Bangalore quashes order rejecting partial refund claim of Assessee (iron-ore exporter) on premise that same was filed within 60 days from the end of the quarter in whi...View More

Financial crunch not ‘reasonable cause’ for service-tax non-payment, Rejects penalty deletion plea

CESTAT Bangalore disapproves ‘severe financial crisis’ as a reasonable cause for non-payment of service tax even though collected from the customers but not deposited with the Government, ...View More

‘Manual breast pump’ only facilitating device, classifiable as ‘plastics and articles of other materials’

CESTAT Delhi upholds order classifying manual breast pump under CTH 39269090; While assessee filed Bill of Entry for import of Manual Breast Pump by classifying it under CTH 9018, Department classifie...View More

‘Hair Transplant’ taxable as cosmetic surgery, not saved by exemption as “restorative procedure” 

CESTAT Ahmedabad holds that ‘Hair Transplant’ is a cosmetic surgery and liable to service tax levy under the category of ‘Cosmetic and Plastic Surgery Services’ u/s 65(105)(zzz...View More