CESTAT Rulings


Upholds duty on drawings & designs imported for hotel construction, at 'transaction value'

CESTAT upholds customs duty on import of drawings & designs for construction of hotels, treating them as ‘goods’ after following SC ratio in Associated Cement Companies Ltd; Rejects as...View More

Allows CENVAT credit refund; Mandap-keeper, health & fitness services 'relate to business'

CESTAT grants refund of unutilised CENVAT credit of event management, mandap-keeper, health & fitness, pandal & shamiana services used towards export of Business Support Services, under Rule 5...View More

Extends 'Project Import' benefit for LPG storage tank erection; Applies SC ratio

CESTAT extends 'Project Import' benefit for construction of LPG storage terminal tanks, under Notification No. 42/96-Cus dated July 23, 1996 considering same as “Port Development Project”;...View More

Grants exemption on goods manufactured at workshop adjoining mining-area; Applies SC ratio 

CESTAT grants excise duty exemption on parts & accessories of mining machines, manufactured at a workshop adjacent to mining area of assessee; Rejects Revenue’s stand that since workshop is ...View More

Packaging pre-determined quantity of spares in plastic bags, does not constitute 'manufacture'

Packaging of ‘O’ rings and ‘U’ cap seals for supply with pneumatic cylinders & valves as ‘spares’, does not amount to “manufacture” u/s 2(f) of Cent...View More

Police force deployment for banks / organisations a sovereign function, non-taxable as 'Security Services'

No service tax applicable on fees collected by Police Dept. from banks & other organisations towards deployment of additional force for maintenance of public peace & security; CESTAT holds tha...View More

'Non-woven fabric' manufactured by yarn thermal bonding classifiable as 'textile', not 'plastic-packing'

CESTAT rules that non-woven fabric manufactured by thermal / mechanical bonding of yarn would be classifiable as ‘textile’ under CETH 56.03; Rejects Revenue’s stand that said product...View More

Grants credit of services used towards property renting; Denial basis occupancy rate, incorrect

CESTAT allows CENVAT credit of tax paid on services like ‘repair and maintenance’, ‘consultancy’, ‘courier’, ‘telephone’ & ‘office rent’...View More

Deletes penalty; Exempted goods credit reversal not akin to short-duty payment recovery

CESTAT upholds deletion of penalty, holds that confirmation of credit reversal at 8% of exempted goods value upon non-maintenance of separate accounts for common inputs, is not akin to duty short levi...View More

Quashes 'illogical' re-export condition upon redemption of goods not conforming to BIS

CESTAT quashes confiscation order to the extent imported galvanized steel sheets which did not conform with Bureau of Indian Standards, were allowed to be redeemed on condition of re-export; Finds no ...View More