CESTAT Rulings


Spot billing of electricity meters for MSEDCL taxable as "BAS", not "IT service"

CESTAT holds that activity of spot-billing of electricity meters for Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) is taxable as “business auxiliary service” under claus...View More

No additional excise duty on textiles when basic duty exempt under Notification 

CESTAT dismisses Revenue appeal, holds that no additional excise duty is leviable on textile articles when same are exempt from basic excise duty under Notification No. 67/95-CE; Referring to Section ...View More

Condones 111 days delay; Accepts assessee's 'procedural rigours in filing appeal' plea

CESTAT condones delay of 111 days in filing appeal owing to internal procedures that had to be completed before filing appeal; Notes that assessee is a body of Central Govt. entrusted with statutory r...View More

Directs parties to approach Metrology Dept. for valuation of Food Processor accessories

CESTAT allows assessee’s appeal, remands issue for determination whether Food Processor accessories are assessable at MRP u/s 4A or at the transaction value u/s 4 of Central Excise Act, whe...View More

Cannot deny SAD refund for packing list mismatch, when subsequent sale undisputed

CESTAT grants refund of 4% SAD on timber logs sold after paying sales tax/VAT, absent dispute that entire quantity so imported had been sold subsequently; Finds that Adjudication Authority did not dis...View More

Assembling components & units into 'computer system' does not constitute "manufacture"

CESTAT rules that assembling various components into a computer system does not constitute ‘manufacture’, hence not liable to 'excise duty'; Referring to description of Automatic Data Proc...View More

Cutting, drilling, bending aluminium channels brought from market not 'manufacture', remands matter 

CESTAT allows assessee’s appeal, mere process of cutting, drilling and bending aluminium channels, brought from market, not ‘manufacture’, remands matter; Rejects Revenue’s fin...View More

Allows consolidated refund claim to EOU, upto 1 year from filing, GTN ratio relied

CESTAT allows consolidated refund claim to 100% EOU assessee for period falling within one year from date of filing refund claim, in terms Notification No. 5/2006 r/w 11B; Rejects assessee’s con...View More

EOU entitled to proportionate benefit of exports, despite EO non-fulfilment and Notification conditions 

CESTAT allows proportionate benefit to assessee EOU for exports made against which foreign exchange realized, in case of failure to fulfill, export obligation (EO) and conditions of Notification No. 5...View More

Turnkey contract undertaken for Delhi Metro cannot be vivisected, service tax levy unwarranted 

CESTAT allows assessee’s appeal, service tax not leviable on turnkey contract awarded for completing project of Delhi Metro Rail Corporation Ltd. (DMRC); Assessee contended that since contract i...View More