CESTAT Rulings


Upholds confiscation for Notification violation, but redemption-fine subject to exercise of option 

CESTAT upholds confiscation and redemption fine for non-fulfilment of post importation conditions in respect of medical equipment imported under claim of exemption under Notification 64/88-Cus; Reject...View More

Allows CENVAT credit of tax paid on broadcasting fee reimbursed to advertising-agency

CESTAT allows CENVAT credit of service tax paid on invoices raised by broadcaster towards placing advertisement of assessee through advertising agency; Rejects Revenue’s stand that tax paid by a...View More

Allows CVD credit of imported equipment installed at subscriber's premises, by telecom-operator

CESTAT allows CENVAT credit of CVD paid on ‘fixed wireless phones’ imported and installed at the premises of subscribers by telecom service provider; Notes that Adjudicating Authority neit...View More

'Importer' not 'owner', liable to differential duty; Confiscation of untraceable goods unsustainable

CESTAT holds that differential customs duty u/s 28 of Customs Act in respect of imported MPEG cards can only be demanded from ‘importer’ who has filed the Bill of Entry (BoE), not from own...View More

Upholds 'cost plus' valuation for job-work between Group Cos.; Rejects 'notional value'

CESTAT upholds ‘raw material cost + job-work charges + profit’ valuation where Directors of Group entities are relatives; Rejects application of Rule 8 of Valuation Rules (115% of cost of ...View More

Differential duty demand unsustainable u/s 28 upon finalization of 'provisional assessment', Remands matter

CESTAT allows assessee’s appeal, holds that Section 28 of Customs Act cannot be invoked for demanding differential duty along with interest & penalty upon finalization of provisional assessm...View More

Allows refund; Scientific-research on goods in India for overseas recipient constitutes 'export'

CESTAT dismisses Revenue appeal, allows refund of accumulated CENVAT credit on ‘scientific and technical consultancy services’ provided to recipient located outside India; Rejects Revenue ...View More

Allows 'Project Import' benefit on plant & machinery disposed after installation + use

‘Project Import’ benefit under Notification No. 132/85 r/w Project Import Regulations cannot be denied upon disposal of imported plant & machinery after 2 years of installation and use...View More

Rebukes Revenue's delay in sanctioning refund without stay; Calls for more 'vigilance' 

CESTAT rebukes Revenue for neither sanctioning refund claims for 3 years from date of passing final order nor obtaining stay against same from HC; Observes that when no stay order has been passed by H...View More

Classifies vessels as "motor-boats for pleasure" despite intended use of ferrying tourists

CESTAT upholds Revenue’s classification of boats as “motor boats” under CTH 8903 liable to import duty of 25% instead of “excursion / ferry boats” under CTH 8901 exigible...View More