CESTAT Rulings


Purchase-Order cancellation date relevant for filing refund-claim of tax paid on advances; Remands matter

CESTAT Chandigarh sets-aside the refund rejection order w.r.t. tax paid on advances received in respect of cancelled purchase orders (POs) held by Revenue as time-barred in terms of Section 11B of Cen...View More

Renting built-up space not ‘Business Support Service’; Sets-aside demand on notional interest on refundable deposit

CESTAT Bangalore quashes service tax demand for reclassification of service and demand of differential service tax on transaction of sale of goods and other independent transactions as also dismisses ...View More

Refutes plea of manufacture on 'Aluminium Ingots' imported under Advance Authorization, sustains penalty

CESTAT Mumbai rebuffs assessee’s plea of manufacture on goods imported under Advance Authorization Scheme, finds assessee's claim that goods were subject to manufacturing process as not "credibl...View More

Origin certificate ‘substantive and conclusive’ evidence, cannot be unilaterally rejected; Quashes confiscation

CESTAT Kolkata finds no case for confiscation of imported goods (Bangladesh origin 100% Polyester quilt) detained by DRI on premise that value of goods was declared differently in Bangladesh...View More

Manufacturing & delivering RMC an excisable activity, not taxable as Works-Contract Service

CESTAT Ahmedabad holds that Assessee’s entire activity of manufacturing Ready Mix Concrete (RMC) and delivery at the site of customer is excisable activity, therefore, the same doesn’t fal...View More

Cannot fasten demand equal to 5%/10% of exempted goods value for mere procedural non-compliance

CESTAT Kolkata holds that SCN demanding credit reversal equal to 5% or 10% of value of exempted products under Rule 14 of CENVAT Credit Rules, 2004, is not supported by law and it is not permissible t...View More

No ISD Registration required by marketing office for transferring credit to single manufacturing unit

CESTAT Ahmedabad holds that where assessee has only one manufacturing unit and revenue has not produced any evidence otherwise, there is no need of ISD Registration for a marketing office from which a...View More

Parallel proceedings for absolute confiscation & duty demand cannot continue; Allows provisional release

CESTAT Chandigarh holds the show cause notice issued in remand proceedings for absolute confiscation as barred by limitation as per section 110 (2) of Customs Act, allows provisional release of goods ...View More

Credit reversed under protest after audit-objection only ‘provisional’ & not final, allows refund

CESTAT Ahmedabad allows refund of CENVAT Credit reversed under protest due to audit objection, holds that, said payment cannot be said to have attained finality in terms of 11A (2) of Central Excise A...View More

Denying refund of tax-paid on rentals absent ineligible-credit recovery 'incorrect in law'

CESTAT Mumbai rules that denying refund of tax paid on rentals “is incorrect in law in the absence of recovery of credit for ineligibility”, consequently, allows refund of tax paid on rent...View More