CESTAT Rulings


Reverse-charge taxation inapplicable on financial assistance from Asian Development Bank /International Financial Corporation

CESTAT sets aside reverse charge demand of Rs. 8.23 Cr (approx.) u/s 65(105)(zm) r/w Section 65(12) of Finance Act i.e. ‘banking & other financial services’, in respect of commitment c...View More

Waste foam-pattis not "laminated textile fabrics"; Demand beyond SC's remand & SCN

Side trimmings of laminated, impregnated and coated fabrics used in manufacture of sofa sets & chairs, not classifiable as “laminated textile fabrics” under residuary CETH 59.03; CESTA...View More

Allows SAD refund on imported STBs albeit subsequent VAT discharge at lower price

CESTAT grants refund of 4% SAD paid during import of Set Top Boxes (STBs) by DTH service provider despite subsequent sale to distributors in packaged form as ‘antenna system & accessories&rs...View More

Import transaction value rejection based on NIDB data unsustainable, absent corroborative evidence

CESTAT upholds transaction value declared by assessee during import of electric motors of assorted KW from China, absent evidence of any additional flow back of money to foreign supplier; Noting that ...View More

Arrangement with contracting-party a 'joint-venture'; Royalty towards port-exploitation rights not 'service' consideration

CESTAT quashes service tax demand against Port Trust in respect of leasing of land & water front to South West Port Ltd (SWPL) towards construction of jetty for purpose of loading and unloading of...View More

No interest for CENVAT credit non-reversal, where sanctioned refund cheque deposited belatedly

CESTAT holds that no interest is recoverable for non-reversal of CENVAT credit, where cheque issued towards sanctioned credit refund is deposited belatedly by assessee; Rejects Revenue’s stand t...View More

Debit notes on purchaser towards excess quantity liable to excise duty post-July 2000

CESTAT grants partial respite to assessee, holds no excise duty payable on debit notes raised on purchaser towards excess amount of material used during manufacture of electrical transmission towers, ...View More

No anti-dumping duty on tiles import from China; Malaysian exporter's invoice dispensable

CESTAT dismisses Revenue appeal, grants anti-dumping duty (ADD) exemption on ‘vitrified / porcelain tiles’ produced in China and exported from Malaysia, in terms of Sr. No. 9 of Notificati...View More

'Band aid wastes' generated during job-work not excisable; Clearances for incineration non-taxable

CESTAT sets aside excise duty demand on band aid wastes generated in the hands of job-worker and cleared by assessee outside factory for incineration; Notes that in terms of Drugs & Cosmetics Act,...View More

Restores CHA license absent evidence showing awareness of importer's duty evasion intent 

CESTAT restores Custom House Agent’s license, states that even though clearance of imported consignments was violative of declaratory provisions of Customs Act, there is no evidence on record to...View More