CESTAT Rulings


Child-parts to manufacture 'Round-Recliner' classifiable as seat-parts, not as motor-vehicle parts/accessory

CESTAT Ahmedabad via video-conferencing holds that Child Parts imported from Japan which are assembled to manufacture 'Round Recliner' is classifiable under CETH 9401 90 00 of Customs Tariff Act as 'p...View More

Upholds demand on charges received for 'soya-bean-meal' storage, being separate from stevedoring services

CESTAT, Hyderabad holds that Assessee is not liable to pay Service Tax under 'Storage and Warehousing' on the service charges received by them for stevedoring/cargo handling, however, upholds demand a...View More

Mere transfer of money to agent outside India not evidentiary to rendering of taxable-service

CESTAT Mumbai observes that the commission or agency fee remitted to agents abroad for chartering out & handling of vessels outside India is exempt; Thus sets aside service tax liability of Rs. 2....View More

Rules on Aloe-vera & Amla juice/powder classification, wrong classification no ground to invoke extended-period

CESTAT Hyderabad rules on classification of Aloe vera juice & powder and amla juice & powder; Notes assessee’s argument that while Chapter Heading 13021919 deals with extracts and is a m...View More

Exempts ‘solar-lanterns’ sold in 'package', classification by vivisecting into individual components untenable

CESTAT extends exemption to "Solar Power Generating System" or "Solar Photovoltaic Lantern" in respect of clearance of solar lanterns under a single pack; Finds vivisection of the package to classify ...View More

No one-to-one correlation required to avail CENVAT, sets-aside credit denial on package-software manufacture

CESTAT quashes the order disputing utilization of accumulated CENVAT credit balance against excise duty payable on manufacture of excisable goods (packaged software) in terms of Rule 3(4) of CENVAT Cr...View More

Classifies 'Action Camera' as 'Digital Still Image Video camera', applies trade-parlance theory

CESTAT Mumbai upholds classification of ‘GoPro HERO5 Black’ Action Camera as ‘Digital Still Image Video Camera’ under Tariff Item 8525 8020 and allows the benefit of Exemption ...View More

Notional-loading excludable in case of inter-unit transfer of goods for captive consumption

CESTAT set aside the order adding notional profit margin for determining the assessable value of the finished products in case of inter-unit transfer of goods for captive consumption wherein the job-w...View More

Reimbursement of expenses from service recipient as an agent not liable to Service Tax

CESTAT, Delhi allows Assessee’s appeal by way of remand holding that reimbursement of expenses incurred by the Assessee on account of service recipient working as pure agent for his principals, ...View More

Denies exemption on ‘pre-fabricated canopy’ supplied to oil companies, erected at site

CESTAT Delhi holds that the pre-fabricated canopies supplied by assessee to oil companies is not entitled for the benefit of Notification No. 12/2012-CE dated March 17, 2012 as well as previous Notifi...View More