CESTAT Rulings


Not open to Department to deny refund when credit availment undisputed, allows Wipro's appeal

CESTAT Bangalore holds that when the Department did not dispute availment of credit in the first instant, "it is not open for them to deny the same when a refund is filed"; Notes that the appeals have...View More

Rental charges on returnable glass-bottles and plastic-crates not liable to Service-tax

CESTAT Kolkata holds that the demand of service tax on glass bottles and crate rentals as ‘supply of tangible goods’ cannot be sustained both on merits and on limitation as VAT is applicab...View More

Extends exemption to 'Hospital' as duly-approved 'clinical research organization' w.r.t. trials conducted

CESTAT Mumbai extends exemption to assessee-Hospital as a duly approved ‘clinical research organization’, concludes that clinical trials conducted by assessee are in conformity with condit...View More

Calls upon Larger Bench to re-consider Bank’s eligibility to credit on deposit-insurance premium

CESTAT Mumbai refers the matter to President for constituting a Larger Bench on issue of admissibility of CENVAT Credit of service tax on premium paid to Deposit Insurance Credit Guarantee Corporation...View More

Remands matter regarding ‘service-tax’ on immovable-property renting, citing pendency before SC

CESTAT Mumbai sets-aside order rejecting refund claim of assessee in view of issue of constitutional validity of levy of service tax on renting of immovable property being sub-judice before SC; Assess...View More

Tribunal cannot re-appreciate evidence/review decision under guise of 'Rectification-of-Mistake', dismisses ROM application

CESTAT Mumbai dismisses assessee’s Rectification of Mistake (RoM) application, absent mistake apparent on the face of record in the final order of the Tribunal; Holds that “grounds raised ...View More

Project-office’ liable to tax on turnkey-project undertaken for ONGC in Bombay-High 

es that “With the issue of taxability under ‘works contract service’ having been raised by the appellant company before the adjudicating authority, it is not open now to claim that t...View More

'Flexi-Tank Container' 'durable' in nature, dismisses Revenue’s 'no repeated-use' plea

CESTAT Ahmedabad holds that “Flexi Tank Containers”, a bulk container imported by assessee for exporting cargo, is 'durable' in nature, thereby, assessee is entitled to exemption under Not...View More

Absent change in Customs-Tariff, Revenue cannot change classification based on Exemption-Notification

CESTAT Chennai classifies telecommunication internet equipment and their parts i.e. (a) Access point (b) Enterprise class Ethernet switches (other than carrier Ethernet switches) and (c) Net...View More

Microsoft's appeal not barred by limitation, Department responsible to establish delivery of order

CESTAT Bangalore allows Microsoft India’s (100% EOU-STPI) appeal against Commissioner’s order rejecting its appeal against the Order-in-Original on ground of limitation; Rules that “...View More