CESTAT Rulings


Quashes adjudication order for lack of 'jurisdiction' despite ineligibility of import exemption 

CESTAT disallows customs duty exemption under Notification No. 24/2005-Cus on import of raw materials such as copper strips, copper tuber, polythene compound, for manufacture of RF Feeder Cables; Reje...View More

Reverses common services credit availed by one unit post amendment to Rule 7

CESTAT upholds reversal of CENVAT credit where credit of common input services availed at one unit instead of distributing to all, in terms of amendment to Rule 7(d) of CENVAT Credit Rules w.e.f. Apri...View More

Trademark license fee linked to distributorship, not 'sale condition' for importing eyewear

CESTAT finds no merit in Revenue appeal challenging order of Adjudicating Authority who dropped demand under Rule 10(1)(c) of Customs Valuation (Determination of Value of Imported Goods) Rules 2007 fo...View More

Loan documentation processing services provided by auto dealers not taxable as 'BAS'

CESTAT holds that documentation processing services provided by automobile dealers for vehicle funding is not taxable as ‘business auxiliary service’ (BAS); Accepts assessee’s conten...View More

Construction of National Rifle Association & ICFAI University buildings, not "Commercial Construction Service"

CESTAT holds that construction of building for National Rifle Association of India and ICFAI University not taxable as “Commercial and Industrial Construction Service”; States that headqua...View More

Allows exemption on books and material sold to franchise under commercial invoice

CESTAT allows exemption under Notification No. 12/2003-ST in respect of goods and material sold by franchisor under franchise agreement, while discharging service tax under 'Franchise Service'; Notes ...View More

Expenditure towards advertising & promoting Parent entity's brand includible in goods' import value

CESTAT upholds inclusion of advertising and promotion expenses incurred by assessee in assessable / transaction value of goods imported from parent entity, under Rule 10(1)(e) of Customs Valuation Rul...View More

Money-transfer in India for foreign recipient, constitutes 'export', service-tax erroneously paid refundable

CESTAT upholds refund to assessee, a company incorporated outside India, of service tax erroneously collected by Department of Posts (DoP) in respect of provision of 'money transfer services'; Notes t...View More

Explanation deeming associated enterprise 'book adjustment' as "consideration" applicable prospectively w.e.f. May, 2008

CESTAT holds that amount shown as outstanding from the subsidiary in books of account as on May 16, 2008, not leviable with service tax in view of the amendment to Section 67 of Finance Act, 1994...View More

Imparting foreign language training constitutes 'vocational training', service tax inapplicable to such institute

CESTAT holds that foreign language training institute imparting training and coaching in English, Spanish, French, and German is not liable to service tax under the category of 'commercial training an...View More