CESTAT Rulings


Calls LB to determine classification of tractors / loaders as "automobiles", absent statutory definition

CESTAT calls Larger Bench to determine meaning of ‘automobile’ absent definition in Central Excise Law / Notifications thereto, for considering whether spare parts of Wheeled Tractor Loade...View More

Rejects DRI suggestion from unrelated investigation for value enhancement of second-hand photocopiers

CESTAT sets aside enhancement of value of second-hand photocopiers based on price suggested by DRI relating to different investigation; Observes that every second-hand machine varies from another depe...View More

'Intel / Microsoft' logos display in product advertisements not 'promoting' client, non-taxable as BAS

Third Member concurs with Member (Judicial), holds that activity of displaying 'Intel’ & 'Microsoft’ logos in product advertisement footnotes is not taxable as ‘Business Auxiliar...View More

Equipment renting constitutes 'deemed sale', not “tangible goods supply for use service"

CESTAT holds that activity of renting of earthmoving equipment involves ‘transfer of right to use’ and hence, taxable as “deemed sale” under MVAT Act r/w Article 366(29A) of Co...View More

Interest on wrongly 'availed' CENVAT credit recoverable under Rule 14; Applies Ind-Swift ratio

CESTAT upholds interest liability on wrong availment of CENVAT credit, under Rule 14 of CENVAT Credit Rules r/w Sections 11A & 11AB of Central Excise Act; Refuses to accept assessee’s conten...View More

Absent evidence of end-use, Boric Acid not classifiable as "insecticide" requiring registration

CESTAT rules in favour of assessee, holds that imported ‘boric acid’ shall be classified as “boric acid” under Chapter 28 of Customs Tariff Act, instead of “insecticide&r...View More

Credit irreversible where inputs booked as 'scrap of lesser value', not 'written-off'

CESTAT holds that CENVAT credit is not reversible under Rule 3(5B) of CENVAT Credit Rules (CCR) in respect of inputs shown as scrap of lesser value, but not cleared from factory; Rejects Revenue conte...View More

Disallows credit of 'outward freight' not included in assessable value; HC ratios inapplicable

CESTAT disallows CENVAT credit of tax paid on outward freight not forming part of ‘assessable value’ of manufactured goods; According to CESTAT, accepting assessee’s contention that ...View More

Affirms taxation of catering services rendered by Co.'s co-operative society to employee-members

CESTAT affirms taxation of catering services provided by assessee, a registered cooperative society, from the premises of L&T to its employees u/s 65(105)(zzt) of Finance Act; Notes that L&T h...View More

No contradiction in taxing 'coal-handlers' under "cargo-handling service"; 'Packers' to seek SC guidance

CESTAT Larger Bench considers the dispute of classifying activities of coal handlers and packers under “cargo handling services” category, pursuant to remand by SC; Finds that in case of c...View More