CESTAT Rulings


Refuses condoning appeal-filing delay by assessee in prison; relies on SC ratio

CESTAT Allahabad dismisses assessee’s appeal preferred beyond limitation period, finds “no reason why the appellant could not have filed an appeal before Commissioner (Appeals) while in pr...View More

Nature of service irrelevant for claiming refund on service rendered outside taxable territory

CESTAT Mumbai holds that "nature of the service is irrelevant" for claiming refund of accumulated CENVAT credit attributable to ‘inputs’ deployed for rendering ‘s...View More

CESTAT: Quashes confiscation order passed basis Indonesian Police’s test-report, ‘flimsy’ discrepancy pointed by Revenue

CESTAT Chennai sets-aside order confiscating goods exported by assessee based on test-report forwarded by Indonesian Police, finds the same “to be passed on erroneous facts and documents&rd...View More

Demand raised on amount deducted as 'commission' in export-invoice sans service-provider’s existence 'baseless'

CESTAT Ahmedabad reiterates the consistent view that mere mention of commission in export invoice alone is not sufficient to treat it as a commission and that same should be treated as discount only; ...View More

Railways-wagons leasing not taxable as Tangible goods supply where effective possession/control ‘transferred’

CESTAT Bangalore sets-aside demand raised on lease/rental charges of wagons as received by assessee (lessor) under the category of ‘Supply of Tangible Goods’ (SOTG); Cites that, it is fort...View More

Subsidy from Govt. for sale of imported pulses at reduced price not taxable

CESTAT Delhi allows Assessee’s appeal in part, holds that, differentiating amount of financing charges which is actually by way of subsidy, will not be exigible to service tax under the head &ls...View More

Upholds classification of charter hire of Aircrafts under 'Supply of Tangible Goods service'

CESTAT, New Delhi holds that services of charter hire of helicopters /aircrafts is classifiable under ‘Supply of tangible goods for use’ (STG) service which became taxable w.e.f. May 16, 2...View More

Quashes demand made towards CENVAT Credit reversed suo-moto by assessee without utilization

CESTAT Mumbai sets-aside demand of excess CENVAT Credit reversed by Assessee suo-moto, under proper intimation to Department; Notes that Assessee had inadvertently taken inadmissible CENVAT credit in ...View More

No equity in taxation; Upholds ADD-levy on imports notified before clearance from warehouse

CESTAT Chennai upholds levy of Anti-Dumping Duty (ADD) along with interest on clearance of goods (Hot Rolled Painted Steel Plates) which have been imported and warehoused before issuance of Notificati...View More

Tax paid under a mistaken notion of law 'refundable'

CESTAT Bangalore rules that service tax paid under one heading or other for a service not taxable during the relevant time, would not make the service taxable and hence, it does not take away assessee...View More