CESTAT Rulings


Adjudicating Authority criticising Tribunal’s remand-order breaches 'quasi-judicial discipline'; Quashes confiscation 

CESTAT Mumbai raps Adjudicating Authority (AA) for breach of quasi-judicial discipline for criticising the conclusions of Tribunal's remand order and not following the directions contained therein whi...View More

Upholds classification of Room Air Conditioners, City Multi Variable Refrigerant Flow System under HSN 84151010 

CESTAT, Mumbai rules that classification of room air conditioners (RAC) and City Multi Variable Refrigerant Flow System (CMVRF) as claimed by the Assessee under HSN 84151010 a...View More

Assessee entitled to exemption on intermediate product, used to manufacture exempted final product

CESTAT Ahmedabad holds that show cause notice demanding duty from assessee on goods manufactured by job worker cannot be sustained; Notes that - (i) the assessee is engaged in manufacture of Bras...View More

Storage by CFS incidental to 'Cargo handling' and not 'Storage and Warehousing' service

CESTAT Ahmedabad quashes order demanding service-tax under "Storage and Warehousing services" (SWS), from assessee providing container freight station services (CFS), rejects Revenue’s argument ...View More

'Module Mounting Structures' not part of 'Solar Power Generating System', denies exemption 

CESTAT, New Delhi denies exemption to ‘module mounting structures’ manufactured by Assessee, supplied to solar power water pumping systems suppliers for irrigating agriculture fields, unde...View More

Clandestine-removal, a serious charge, cannot be established merely basis third-party records/statements

CESTAT Ahmedabad rules that, “Mere entries in third parties’ records of Transporters and brokers cannot be basis for clandestine removal”, sets-aside duty demand confirmed basis thir...View More

Demand 'unsustainable' on fresh mould manufactured by job-worker from old/used ones 

CESTAT Ahmedabad sets-aside demand of excise duty on C.I. mould manufactured on job-work basis from old/used moulds supplied by principal manufacturer under Notification No. 214/86 dated March 25, 198...View More

Construction/Works-Contract for re-carpeting of existing road in industrial estate an ‘input-service’

CESTAT, Ahmedabad allows CENVAT credit on construction and works contract service executed for the purpose of re-carpeting of existing road in industrial estate/factory as the same falls und...View More

Service of goods export from Indian Territory till loading in overseas vessel , not taxable 

CESTAT Mumbai dismisses Revenue’s attempt to tax recompense received by assessee from overseas parent entity to the extent attributable to carriage within India, sought to be taxed by recourse t...View More

VCES-application rejection bypassing time prescribed to act against false declaration unsustainable 

CESTAT Mumbai holds that "stipulation contained in Section 111(2) with a limitation period of one year to take action against any false declaration cannot be bypassed by the designated authority, sinc...View More