CESTAT Rulings


Distinguishes Sujana Metal ratio, disallows CENVAT credit for services to SEZ pre-February 2008

CESTAT upholds denial of CENVAT credit in respect of services supplied to SEZ pre-February 10, 2008, thereby dismisses retrospective applicability of Rule 6(6)(A) w.e.f. inception of CENVAT Credit Rul...View More

CESTAT : Quashes service tax demand on rent to Directors towards leased commercial property

CESTAT sets aside adjudication as well as appellate orders confirming service tax demand on assessee-company towards renting of immovable property for commercial purposes, u/s 68 of Finance Act; Notes...View More

Representational rights to educational institutions for pre-school & brand usage, taxable as 'franchise services' 

CESTAT upholds levy of service tax on provision of technical school of education and brand name ‘Podar Jumbo Kids’ to educational institutions, u/s 65(47) of Finance Act as “franchis...View More

Seeks de-novo consideration of royalty inclusion in invoice value of related-party imports 

CESTAT sets aside adjudication order which directed inclusion of royalty paid to related foreign suppliers (group cos.) in invoice value of imported raw material / finished products for trading, and r...View More

Rent from leasing of seized property taxable; Recovery against borrower's dues inconsequential  

CESTAT holds that rent received against letting of seized property on account of recovery of outstanding dues, is taxable as “renting of immovable property” service; Rejects assessee&rsquo...View More

Upholds refund of tax collected unlawfully on 'Duty-Free-Shop' rental; 'Unjust enrichment' inapplicable

CESTAT dismisses Revenue appeal, directs refund / rebate of service tax collected on rent towards Duty Free Shops (DFS) located in departure lounge of International airports; Referring to SC ruling in...View More

No duty on destruction of obsolete raw-material generated during manufacture by EOU 

CESTAT quashes tax recovery proceedings against EOU-assessee in respect of raw materials acquired duty-free under Notification No. 52/2003-Cus r/w Notification No. 22/2003-CE, and subsequently destroy...View More

Tax on fees towards franchisee services from foreign entity revenue-neutral; Demand unsustainable 

CESTAT invokes revenue neutrality principle to quash service tax demand on commitment fees, royalty fees, reservation fees and advertising fees paid by assessee to Park Global Holdings Inc., USA again...View More

Denies 'packaging material' exemption; Undisposed steel drums assessable as distinguished goods 

CESTAT holds that stainless steel drums used to import goods do not qualify as ‘packaging material’, thus not eligible for exemption under Notification No. 184/76-Cus; Observes that intent...View More

Credit available on biscuits exported after re-packing; Rejects Revenue's demand of "manufacture"

CESTAT allows CENVAT credit of duty paid biscuits brought in packed condition and cleared  for exports after stuffing them in container, in terms of Rule 16(1) and (2) of Central Excise Rules, 20...View More