CESTAT Rulings


Operating lease of motor vehicles not taxable as "Banking & Other Financial Services"

CESTAT upholds Adjudicating Authority’s findings, sets aside service tax demand of Rs. 24.39 Cr (approx.) towards operating lease arrangement of motor vehicles under “Banking and Other Fin...View More

No Credit towards transportation security-guard service as buyer's premises not 'place of removal'

CESTAT denies CENVAT credit on security guard service for safe delivery of goods from manufacturer’s factory to buyer’s premises; Rejects assessee’s contention that since delivery is...View More

Cannot reject VCES declaration on mis-classification plea, 'interpretation' difference not a substantial 'mis-declaration'

CESTAT allows assessee’s appeal, holds rejection of declaration filed under Service Tax Voluntary Compliance Encouragement Scheme (VCES) on ground of mis-classification of services as unsustaina...View More

Interprets contract clauses, sanctions refund of service-tax erroneously paid under reverse charge

CESTAT upholds refund of service tax mistakenly discharged on reverse charge basis in respect of leasing of tunnel boring machines for execution of contract entered with DMRC, under category of &ldquo...View More

Aluminium-castings without machining, not exigible to higher duty as 'Magneto Assembly parts' 

CESTAT reiterates that supply of aluminium castings before machining, cannot be classified as part of Magneto Assembly under Chapter 85 of Central Excise Tariff Act which was liable to excise duty at ...View More

Quashes demand against 'shortage' of goods & inputs absent evidence of non-receipt / non-use 

CESTAT sets aside excise duty demand towards shortage of finished goods viz. PP fabrics & inputs viz. HDPE / LDPE / LLDPE granules, thereby rejecting Revenue’s stand that MODVAT credit had b...View More

Fees from bidders for advertising permission covered by Municipal Corporation's Constitutional empowerment

CESTAT rules that Municipal Corporation is liable to service tax for providing own space viz. land/property for purpose of advertising through billboards & kiosks; States that said activity is cle...View More

Upholds input credit reversal against exempted clearances absent exclusion from Rule 6(6) mischief 

CESTAT upholds reversal of CENVAT credit against clearance of goods under exemption Notification No. 12/2012-CE, thereby rejecting assessee's plea that Rule 6 of CENVAT Credit Rules was inapplicable a...View More

Allows CENVAT credit refund; SMS aggregating services to Facebook subscribers constitutes 'export' 

CESTAT allows refund of accumulated CENVAT credit against SMS aggregating services rendered to Facebook Ireland, in terms of Rule 5 of CENVAT Credit Rules r/w Notification No. 27/2012-CE (NT); Rejects...View More

Sub-contractor's liability independent of main contractor's obligation; No revenue neutrality vis-a-vis abatement

CESTAT upholds service tax liability of sub-contractor engaged in rendering service of erection, commissioning and installation despite discharge of tax by main contractor; Rejecting assessee’s ...View More