CESTAT Rulings


Demand on ‘merchant-banking services’ w.r.t. FCBs floated in International Capital Market hit by limitation

CESTAT Hyderabad upholds demand of tax on ‘merchant banking services’ with respect to the floating of securities namely foreign currencies convertible bonds(FCCB) for the arrangements made...View More

Kimberly Process Certificate (Certificate of Origin) must be respected; sets-aside order banning import of rough diamonds

Ahmedabad CESTAT sets aside order confiscating the rough diamonds imported by Assessee from its subsidiary company, CD Jewels, UAE; Holds that mere issuance of invoice after November 17, 2010 cannot b...View More

'Foreclosure-charges' collected by Banks not taxable, consideration flows at desire of 'promisor'

CESTAT Chennai LB sitting in reference holds that foreclosure charges collected by the banks and non-banking financial companies (NBFC’s) on premature termination of loans are not leviable to se...View More

Quashes SCN demanding service-tax on ECB facility obtained by Adani-Power SEZ, extended period invocation

Ahmedabad CESTAT quashes show cause notice issued u/s 73 (1) demanding service tax on ECB facility obtained for setting up power project in SEZ where the assessee had deposited the entire tax with int...View More

Discharge certificate under SVLDRS scheme deemed issued upon Designated Authority's failure, disposes appeal

CESTAT Delhi holds that it is deemed that the discharge certificate (Form-4) has been issued to the assessee under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDR Scheme); Notes that rec...View More

Absent physical verification by DRI officers, quashes demand on imported material 'shortage'

CESTAT partially allows assessee’s appeal, sets aside demand on shortage of imported materials (fabrics) however upholds duty demand on goods re-imported in consequence to the rejection by the f...View More

Quashes ‘presumptive’ demand on clandestine removal, estimation cannot take place of evidence

CESTAT Delhi sets-aside order confirming demand on alleged clandestine removal of goods, holds that adjudicating authority has based the decision on assumptions, surmises and in total ignorance of doc...View More

Customs & Service-tax authorities not 'one', upholds demand on drawings/design as 'Consulting-Engineer Service'

CESTAT Mumbai upholds service tax liability of Rs. 18 crores (approx.) w.r.t. technical specifications, drawing and designs received by assessee from overseas service provider by way of reverse charge...View More

Upholds liability on intra-Govt. services by independent autonomous organisation operating under Space Research Dept.

CESTAT Hyderabad upholds service tax demand on assessee, National Remote Sensing Centre (NRSC), Balanagar, an autonomous body under the Department of Space Research, Government of India in respect of ...View More

Quashes demand on vessel-hire, 'responsibility cast to maintain' do not dilute lessee's 'control'

Chennai CESTAT set aside the demand against the assessee under Reverse charge mechanism (RCM) on consideration paid to foreign company for hiring a vessel as a ‘declared service’ u/s 66E (...View More