CESTAT Rulings


Raw/Packaging material used for testing medicaments qualify as ‘inputs"

CESTAT Ahmedabad rules that CENVAT credit is available in respect of inputs and packing material used in manufacture of medicament which is used for testing/quality purpose and destroyed thereafter; D...View More

Assessee not liable to service tax, follows SC dictum in L&T case

CESTAT, Hyderabad holds that Assessee is not liable to pay Service tax during the relevant period i.e. from April 2005 to March 2007, follows the decision of the Hon’ble Supreme Court in CCE vs....View More

Insurance-premium paid for mediclaim of employee's opting for Voluntary Separation an ‘input-service’

CESTAT (Larger Bench) allows Reliance Industries (Assessee) to avail CENVAT credit of the service tax paid on insurance premium for availing mediclaim facility for employees who opted for ‘Volun...View More

Declared classification prevails by default; Description of 'boats' in BoE cannot be faulted

CESTAT, Mumbai while presiding over dispute over classification pertaining to vessels declared as ‘Excursion Boat’ reiterates that, declared classification prevails by default and “d...View More

Provision of unjust enrichment for refund inapplicable to cases of finalization of provisional assessment

CESTAT, Ahmedabad holds that the provisions of Section 11B of the Central Excise Act would not govern the grant of refund claims arising on account of finalization of provisional assessment under Rule...View More

Upholds penalty for incorrectly valuing products to RP, cites bar of 100% refund to N-E manufacturers

CESTAT Kolkata, on remand by Meghalaya HC, reverses its earlier order to  restore the penalty imposed by the original order on the assessee for incorrectly valuing its final products cleared to r...View More

Toll-collection for NHAI, on Principal-to-Principal basis, not taxable as 'Business Auxillary Service'

CESTAT, New Delhi rules that collection of ‘User Fee’/‘Toll’ on National Highways by Assessee cannot be categorised as an activity of providing ‘Business Auxillary servic...View More

ECIS-service used for expansion, renovation & modernization of existing petroleum plant, CENVATable

CESTAT Ahmedabad allows credit to Reliance Industries on Erection, Commission, Installation Services (ECIS) and Works Contract Service (WCS) availed from various contractors/service providers for mode...View More

Quashes extended period demand on cigarette samples removed for quality control tests

CESTAT Kolkata rules that the demand of duty in respect of cigarettes cleared for testing purposes for the period March 1, 1983 to December 27, 1990 is sustainable “only in respect of normal per...View More

Hero MotoCorp Chairman not 'beneficial owner' of foreign currency seized from travel co-ordinator

CESTAT Delhi holds that Chairman, CEO & MD (Pawan Munjal) of Hero MotoCorp Ltd. (HMC) is not a “beneficial owner” of seized foreign currency, absolves him of penalt...View More