CESTAT Rulings


Censures Revenue for ignoring important documents which went into root of matter

CESTAT, Allahabad quashes Service Tax demand against Assessee invoking extended period of limitation u/s 73(1) of Finance Act on amount received from non-commercial organisations [Sanjay Gandhi Post G...View More

Allows contract manufacturer to avail CENVAT credit distributed by Input Service Distributor

CESTAT (Larger Bench) allows distribution of advertisement, market research, sales promotion and marketing credit by Parle's Input Service Distributor to its contract manufacturer ('Assessee') under R...View More

Refers to Larger Bench issue of one-year limitation applicability on SAD refund claim

CESTAT refers to Larger Bench (LB) the issue of applicability of one-year time-limit prescribed for filing refund claim of Special Additional Duty (SAD) under Notification No.102/2007-Cus dated Septem...View More

Boiled ‘betel nuts whole’ classifiable under Ch. 8, barred from import, given lesser CIF value

CESTAT, Chennai, dismisses assessee’s appeal seeking classification of boiled ‘betel nut whole’ under chapter 2, rules that imported boiled and dried whole betel nut, are ‘bete...View More

Allows refund of excess advance-tax paid per GST transitional provisions; Section 11B time-bar inapplicable

CESTAT Bangalore allows refund claim of assessee which was paid as part of excess advance tax and was lying in balance in credit since June 2017, in terms of transitional provisions in Section 142 of ...View More

Higher duty demand on exempted by-product arising during Coal conversion 'unsustainable'

CESTAT Kolkata quashes order requiring payment of 5% in terms of Rule 6(3)(i) of the Cenvat Credit Rules, 2004 (CCR) on clearance of exempted by-products i.e. ammonium sulphate and Coke Oven (CO) gas ...View More

IGST, not ‘duty of customs’, exempt on repaired parts/aircraft re-imported into India

CESTAT Delhi holds Assessee (a scheduled airline operator) entitled to exemption from IGST payment under General Exemption Notification No. 45/2017 dated June 30, 2017 on re-import of repaired parts/ ...View More

Sets aside demand against SAIL under Rule 6(3)(i) requiring payment of 5% exempt coke-price

CESTAT Kolkata sets-aside order by Commissioner (Appeals) confirming demand on premise that option exercised under Rule 6(3)(ii) has been incomplete, improper and requiring assessee to pay 5% of price...View More

Limitation inapplicable to refund claim where course of action arose pursuant to HC order

CESTAT, Chandigarh sets aside refund rejection order against a contractor (real-estate developer) with respect to service tax deposited on construction of low cost houses for Haryana Housing Board (HH...View More

Late-payment, meter-rent, supervision-charges, ancillary to electricity transmission & distribution, exempt

CESTAT, New Delhi holds that activities related/ancillary to transmission and distribution of electricity will be exempt from payment of service tax and sets-aside demand on late payment surcharge, me...View More