CESTAT Rulings


'Joint-development rights' non-taxable where land value included in villa's price for buyers

Consideration received from landowners in the form of development rights thereon for construction of ‘villas’ under Joint Development Agreement (JDA) not liable to service tax separately w...View More

CENVAT credit reversible on net quantity, considering used inputs previously written-off

CESTAT sets aside adjudication order recovering CENVAT credit for operational quantity of inputs written off in the books of account, absent consideration of quantity written back; Perusing Rule 3(5B)...View More

Larger bench mandates applicability of 'limitation' for refund of tax paid mistakenly 

CESTAT Larger bench rules 2-1 on applicability of limitation as prescribed u/s 11B of Central Excise Act in case of refund of service tax paid mistakenly; Notes that assessee’s refund claim, in ...View More

Upholds interest on delayed CENVAT credit reversal on traded goods under Rule 6(3)(A)(e)

CESTAT upholds interest under Rule 6(3A)(e) of CENVAT Credit Rules, 2004 (CCR) on late reversal of CENVAT credit attributable to traded goods in terms of Rule 6(3)(A); Notes assessee's contention that...View More

Constructing hospital a non-commercial activity, tax inapplicable; However, GTA services availed taxable 

CESTAT holds that construction of hospital building is not taxable as ‘commercial or industrial construction’ service; Referring to CBEC Circular Nos. 80/10/2004-ST & 86/4/2004-ST and ...View More

No tax on stock-broker where affiliate discharges liability during financial services facilitation

CESTAT quashes adjudication order confirming service tax on stock broking services rendered to investors, where show cause notice demanded tax under ‘Business Support Services’ category fo...View More

ULIP policy surrender charges akin to 'penalty' / 'liquidated damages', not investment management services 

CESTAT quashes service tax demand on surrender charges recovered by Insurance Co. under Unit Linked Insurance Plans (ULIP) as “Management of Investment under ULIP” services u/s 65(105)(zzz...View More

Refund rejection for lack of challenge to re-assessment, unsustainable; SC ruling distinguishable 

CESTAT quashes adjudication order which rejected refund application in respect of duty paid on imported dialyzers and accessories on ground that re-assessment of bills of entry had not been challenged...View More

Upholds ADD on "wind operated electricity generator castings", where 'dumping' & 'injury' linkage established 

CESTAT Larger Bench dismisses importer-assessee’s appeal challenging final finding of Designated Authority (DA) and Notification No. 42/2017-Cus (ADD) which imposed definitive Anti-Dumping Duty ...View More

Appeal not maintainable where drawback entitlement dispute dependent on assessee's EOU status 

Third Member rules on maintainability of appeal before CESTAT where question of entitlement to duty drawback depended on status of assessee – whether it is EOU or not; While Member (Judicial) he...View More