CESTAT Rulings


Classifies ‘Bulker’ mounted on chassis as motor-vehicle for goods transportation, eligible for exemption

CESTAT Ahmedabad allows assessee’s appeal, classifies bulker (mounted on chassis or attached to horse) made for transportation of materials like fly ash or cement under Chapter 8704 of the Tarif...View More

Invoice-difference not sufficient ground to re-determine values; Penalty levy basis extrapolation 'impermissible'

CESTAT, Hyderabad rules that, in absence of investigation, mere difference between two sets of invoices cannot be a sufficient ground to reject the transaction value and redetermine it as per the manu...View More

Distinguishing between 'compensation' and 'consideration', quashes demand on ‘Notice Period Pay’

CESTAT Bangalore debunks confirmation of adjudged demands on assessee for collection of certain amount as ‘Notice Period Pay’ or ‘Bond Enforcement Amount’ from their employees,...View More

Extends credit on furniture used in guest-house, Aluminium Zinc anodes used in laboratory

CESTAT Ahmedabad rejects Revenue’s appeal, allows CENVAT credit on furnitures used in Guest House of factory and Aluminium Zinc anodes used in laboratory of the factory; Notes that guesthouse is...View More

No credit reversal required on general provisioning for slow moving inventory by auto-part manufacturer 

CESTAT, New Delhi holds that reversal of credit is not required where Assessee (auto part manufacturer) only created a general provision for slow-moving inventory and has actually not written off the ...View More

GST regime governs refund redressal/disposal at appellate stage in view of savings clause

CESTAT Mumbai allows assessee’s appeal, thereby entitling it to refund of CENVAT credits worth Rs. 18 lakh (with interest), against which payment of Service Tax was made during the GST regime an...View More

Allows credit on services availed for hotel construction; Sets-aside demand on withholding-tax

CESTAT Hyderabad sets-aside demand on “withholding tax” paid to Income Tax department in respect of payment to foreign service providers by Assessee, constructing a seven star hotel; Furth...View More

Compensation received by Port service-provider for making good financial-damages/injury not ‘taxable’

CESTAT Hyderabad quashes service-tax demand on ‘liquidated damages/compensation charges’ received by ‘Port service provider’ (assessee) from service recipient (importer) toward...View More

Statutory compensation received by Jindal Steel for cancelled coal-blocks not ‘consideration to tolerate’

CESTAT Kolkata rules that, no service-tax can be levied on statutory compensation received by Jindal Steels (Assessee) under Coal Mines (Special Provisions) Act, 2015 (CMSPA) for cancellation of alloc...View More

Quashes order denying CENVAT credit under Business Transfer Agreement, cites due compliance with Rule 10

CESTAT, Bangalore quashes Order denying CENVAT credit benefit transferred to the Assessee under Business Transfer Agreement, holds that the Assessee has duly complied with the requirements of Rule 10 ...View More