CESTAT Rulings


Allows CENVAT on General Insurance, air travel agent service, excess refund claim

CESTAT extends CENVAT credit to assessee on General Insurance, Air Travel Agent, Storage and Warehousing, Banking & Financial Services, and Business Auxiliary Services (BAS), holds that said input...View More

Allows refund of unutilized CENVAT credit consequent to closure of business under Rule 5

CESTAT allows refund of unutilized CENVAT credit lying in balance consequent to closure of business in terms of Rule 5 of CENVAT Credit Rules, 2004 (CCR) while rejecting Revenue’s contention tha...View More

Allows adjustment from gross taxable value towards amounts refunded w.r.t. cancelled flat bookings

CESTAT allows adjustment from gross taxable value in respect of credit of service tax in terms of Rules 6(3) of Service Tax Rules, 1994 under “Construction of Residential Complex” service ...View More

Recipient, not provider of service, liable to tax on charges ancilliary to GTA

CESTAT quashes demand under category of goods transport agency (GTA) service in respect of trader detention, cargo handling, weighment & empty container transportation charges etc.; Holds that, su...View More

Wagon leased to Railways a ‘Deemed Sale’, not taxable as 'Supply of Tangible Goods'

CESTAT allows assessee’s appeal, holds that lease of Wagons to Railways under ‘own your wagon scheme’ constitutes a ‘Deemed Sale’, not taxable under ‘Supply of Tang...View More

Transporting/Shifting crushed ores within mining area not taxable as ‘Cargo handling services’

Delhi CESTAT holds that transportation of ores situated at different locations within the mining area would not fall within the definition of “Cargo Handling services” (CHS); Perusing work...View More

Upholds CENVAT denial where invoices were beyond 6 months of crossing SSI threshold limit

CESTAT disallows CENVAT credit benefit under Rule 4 (1) of CENVAT Credit Rules, 2004 (CCR) to SSI unit that enjoyed exemption under Notification No. 8/2003-CE and intended to avail SAD credit on impor...View More

Allows rebate on services utilized for export, remands matter for limitation period computation

CESTAT allows rebate claim of service tax paid on various input services utilized for export of cotton yarn under amended Notification No. 41/2012; Referring to ruling in assessee’s own case, re...View More

Interest received on brokerage fee, not towards 'banking' service, demand under Rule 6(3B) unwarranted

CESTAT holds that interest received by stock broker on late payment of brokerage charges or fee towards depository services is not taxable as “banking and other financial service”, consequ...View More

Quashes extended period demand on bakery products/biscuits absent evidence proving suppression

CESTAT quashes extended period demand along with penalty on bakery products, pastry, cakes and biscuits prepared and served in hotel/restaurant/retail outlet; Finds force in assessee’s plea that...View More